My son came to US with VWP with me. And it's been 2 years. I finally got proved for mine. I didnt know i have to aaply for himself. I haven't apply yet. But we have to go back to my country for emergency as soon as possible .is it anything I can do for him ? Do u think I can apply just I -131. Before i leave. But i cannot wait for to prove. And can I apply I -485 from my country. And He doesn't have to comeback to US till he get visa. We not rush to comeback to US. Please help us with this situation .
Dear Sir or Madam, please have your case fully evaluated via an experienced immigration attorney. We wouldn't want your son to be barred due to any departure based upon unlawful presence. So an attorney needs to review the facts more specifically to advise you properly. best regards,
Your son violated his visa waiver period. He has to get a visa before coming back if he leaves. Also he has to get an immigrant petition filed and approved before he can come back. You can apply for the I-130 before you leave and wait for it to be approved before he comes back. Be careful with your residence, you should not stay out of the country more than six months.
You do not indicate the basis for your visa petition. Is your son eligible as a direct beneficiary from a petition by a US citizen or a derivative beneficiary of you. Also your son because of his age does not accumulate unlawful presence and may be eligible for visitor visa if you are able to convince the US consulate that he will return abroad for immigrant visa processing.
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