My wife is a Cuban CU-6. My minor children and I adjusted status through her and now I am a CU-7. I was not born in Cuba. We couldn't add my son in the adjustment because he was over 18 when my wife and I we married. I am now a Legal Resident Alien; can I petition for my son now? Should I also apply at the same time for his I-485 and his authorization to work? My son has lived here in the USA since he was 9 years old. I will be hiring a lawyer but just wanted to get an idea first. Thank you.If I pay for I-485 and I-765 will I loose that money because he will not be able to adjust status here?
can I petition for my son now?
Should I also apply at the same time for his I-485 and his authorization to work?
No. He is subject to the priority dates and must wait until his priority date is current in order to immigrate. Additionally, if he is in the US, he will only be able to file for adjustment of status if he either qualifies for 245(i) or the law has changed to allow him to do so despite being out of status.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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.
Your son will not be eligible to adjust status in the US because you are not a US Citizen. But you can apply for him now and have him eventually be able to apply for a Waiver of Unlawful presence overseas in his country of citizenship. Good luck!
Nationwide Immigration Practice
You can petitiion for him but since you are a permanent resident he is subject to quota and cannot file an I-485. He will have to consular process when the quota becomes available. However it appears he will be subject to the 10 year bar if he leaves the US, so you need to consult with an immigration lawyer to review the options.
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