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 petition him, but adjustment of status based on that petition is highly unlikely. He would only be able to adjust status if 1) his priority date is current, AND 2) he qualifies for 245(i).
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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Hire a competent immigration attorney and soon.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
6 lawyers agree
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..
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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Criminal Defense Attorney
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.