I got my I-485 , proved Today .and we found out my son 5 years old couldn't get Greencard with me.

Asked about 1 year ago - Orlando, FL

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 .

Attorney answers (7)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . Talk to an immigration lawyer in person.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Luis Alberto Guerra

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your son will have to consular process. If at the time of his birth, one of the parents was a US citizen, he may have even acquired citizenship at birth!!! I suggest that you hire an experienced immigration attorney.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be... more
  3. Karen-Lee Pollak

    Contributor Level 19

    5

    Lawyers agree

    Answered . You can apply for him from your home countey. Next time hire an attorney to help you

  4. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You can apply for him through the US consulate in your home country. Make sure to hire an immigration lawyer to help you in order not to repeat the same mistakes again.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  5. Shahzad Ahmed

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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,

  6. Nicolas Andres Olano

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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.

    This is not legal advice and a client attorney relationship is not created. You should not rely solely on the... more
  7. Robert Louis Brown

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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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