Hey guys, writing on behalf of my neighbors who don't speak english very well and are having some problems figuring out what to do.
The story breaks down like this -- The lady next door's daughter became a US citizen about 5 years back. The lady was in the country on a visa at the time and they somehow managed to get the lady legal status in the country (I think an immigration visa number was available to the lady since her daughter was a US citizen, etcetc.) Anyway, everything on that front is good, however the lady also has a son. The son had entered the country with his mother legally with a visa, yet he wasn't able to adjust his status at the same time as his mother. He's currently a visa overstay.
The mother filed a I-130 petition for him (Permanent Resident filing for minor child) as soon as she adjusted her status and it has just been approved (years later). It's worded like this --
"The above petition has been approved. The petition indicated that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.
"Until the person for whom you are petitioning filed an adjustment of status application or applies for an immigrant vis, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this otice with form i-485.
If the person for whom you are petitioning decides to apply for an immigrant visa outside the US based on this petition, the petitioner should file form I-824."
Anyway, that's... kind of vague, it seems to me. Basically the questions are
a) is it possible to do anything at this time?
b) Is there any way to adjust the kid's status while he is in the US? (Going out of the country seems to be out the question -- they come from some craphole southeastern asian country and it'll be years before a visa number is granted to him based on his mom. Not to mention he's probably going to face one of those nice 5-10 year bans on reentry if he leaves for being a visa overstay.)
c) The petition is for a minor child (under 21). He just recently turned 21. Is the petition still valid on that front? Must something else be done?
d) Assuming the mother applies and received citizenship in a few years, will it be possible for her to apply for an immigration visa number for her son... with the approved immigration petition for a minor child?
Thank you so much for any help
The story breaks down like this -- The lady next door's daughter became a US citizen about 5 years back. The lady was in the country on a visa at the time and they somehow managed to get the lady legal status in the country (I think an immigration visa number was available to the lady since her daughter was a US citizen, etcetc.) Anyway, everything on that front is good, however the lady also has a son. The son had entered the country with his mother legally with a visa, yet he wasn't able to adjust his status at the same time as his mother. He's currently a visa overstay.
The mother filed a I-130 petition for him (Permanent Resident filing for minor child) as soon as she adjusted her status and it has just been approved (years later). It's worded like this --
"The above petition has been approved. The petition indicated that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.
"Until the person for whom you are petitioning filed an adjustment of status application or applies for an immigrant vis, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this otice with form i-485.
If the person for whom you are petitioning decides to apply for an immigrant visa outside the US based on this petition, the petitioner should file form I-824."
Anyway, that's... kind of vague, it seems to me. Basically the questions are
a) is it possible to do anything at this time?
b) Is there any way to adjust the kid's status while he is in the US? (Going out of the country seems to be out the question -- they come from some craphole southeastern asian country and it'll be years before a visa number is granted to him based on his mom. Not to mention he's probably going to face one of those nice 5-10 year bans on reentry if he leaves for being a visa overstay.)
c) The petition is for a minor child (under 21). He just recently turned 21. Is the petition still valid on that front? Must something else be done?
d) Assuming the mother applies and received citizenship in a few years, will it be possible for her to apply for an immigration visa number for her son... with the approved immigration petition for a minor child?
Thank you so much for any help