In need of some guidance regarding the sponsorship of my son

[godard_1961]

Hello, I am a permanent resident with the intentions of becoming a US citizen this year. I came to this country in 1997 with my two sons and overstayed our visas, I married a US citizen in 2006, at the time unfortunately my first son was turning 20 and my younger son was 17 which allowed him to process his documents but not my oldest child. I would like someone who has been in my position or knows about this to help me in some way to figure out how I can help my son who is now 24 turning 25 to begin some kind of sponsorship for him to become a legal resident.

 

[BigJoe5]

If you file for him as an LPR he will be in the F2B category (unmarried son 21 or older of LPR) when you naturalize you can upgrade the petition to F1 (unmarried son 21 or older of USC). In either category he would have to be in a lawful nonimmigrant status in order to adjust status. To get a greencard through you, he will have to either leave the U.S. and wait out his 10 year unlawful presence bar or obtain a waiver (Very hard to obtain). Depending on category and country of birth, his wait would be anywhere from 5+ to 18+ years for a visa to first become available.

He cannot qualify under 245(i) based on your I-130 as he did not have have the required steprelationship to the petitioner (over 18 when the marriage took place = not a stepson of a USC) and the IR petition does not allow for derivatives, therefore he has no basis for grandfathering a new petition for benefits of 245(i) based on that.

Did anyone else ever file an I-130, I-140 or labor cert for YOU prior to 4/30/01, that was "approvable when filed" that could serve as a basis for him to be grandfathered under 245(i)?

 

[godard_1961]

Thank you for your information. My son unfortunately is still in this country and is finishing up his studies but wants to remain here. I have been looking for some kind of way to help him here in the states but its leading nowhere. Now I have read somewhere that if a son is engaged to a us citizen he might be able to fix his status here with my help (w/o getting married yet), is this true? and another question, my wife had lived with me and my two sons before they were both 18, does that help in some way if i can show proof?

 

[Jackolantern]

Now I have read somewhere that if a son is engaged to a us citizen he might be able to fix his status here with my help (w/o getting married yet), is this true?

No, it's not true. There is a fiance visa for people who are engaged to a US citizen, but it must be obtained outside the US at a consulate, and it only grants temporary status to allow time to marry and apply for a green card. It's not available to your son due to the 10-year ban.

and another question, my wife had lived with me and my two sons before they were both 18, does that help in some way if i can show proof?

No, the actual marriage must have occurred before age 18 in order for them to immigrate via the stepparent relationship.