My son is 28yrs old and is married to a USA citizen with a approved I 130 . There has been some issues in the marriage and his wife is no longer filing for his adjustment . He's in removal proceedings due to a over stay for a expired visa and is due back in court for case status hearing in 3 months . What can I do to help my son stay in this country ?
You can definitely petition your son, but will not be able to substitute for his now estranged wife.
A married adult son's petition takes years to process. He will need to make up with his wife if he doesn't want to be removed.. Nothing else will help. A political asylum claim will not carry any credibility at this juncture..
You can petition for him, however that kind of petition takes about eight years to have a visa number available. What is strange about your fact pattern is that he has an approved I-130 from a U.S. wife and has not applied for adjustment of status. Consult with an Immigration attorney.
Dear Sir, in a first consultation, I would try to determine whether your son would be eligible to petition for himself based upon an abused spouse claim. If not, then I would see if he has any other basis to adjust status such as a prior petition or cancellation of removal. Then see if he is eligible for asylum or withholding of removal. Then consider your petition to acquire residency as a last resort since that has a long priority date. I would still consider your petition though as a long term back up option. We would really need to do a full consultation to figure out the best option. Best regards.
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