How do I answer Question 22 on the I-130 form (Petition for Alien Relative) unmarried son over 21?

Question

I have a green card and my son came for a visit in November 2007 and wishes to also apply for a green card. So I am filling out the I-130 as my initial application and I am stuck on question 22 which states: Complete the information below if your relative is in the United States and will apply for adjustment of status. What do I put down? It gives a choice to write down the city and state or city and country. How do I know where to specify? My son does not want to return to Canada to apply from there.

Answer 1

Well,if he showed his Indian status card to the border inspector and they admited him, he did not enter without inspection. If he's considered a Canadian citizen, he wouldn' need a visa anyway.

Answer 2

He's not qualified to adjust status.  He has no choice but to return to Canada.  Put his Canadian city and province on that line.

You have a Green Card.

He's over 21 and illegally in the United States.

He's Family Priority 2B.  His wait for a visa will be 9 years.  See the monthly Visa Bulletin.....

http://travel.state.gov/visa/frvi/bullet...

Answer 3

put down the truth.  The city/state.  He'll pick up his green card in this country, that's all it means

Answer 4

You are supposed to give them city and state of your son's residence---and assuming that your son is staying with you you'll have to put your adress down to show where your son is staying, since you are applying for adjustment of his status(from visitor's visa to green card).  Good luck

Answer 5

I suggest you consult with an immigration lawyer or a good immigration related website to get authoritative information. If you make a mistake the consequences can be painful and cumbersome. I have included a link to an excellent website below - you can check out the "US Immigration FAQ" link.  I am sorry but I don't have the time to do that for you.

Having said that, here is my opinion.  There are some visas that are dual-intent and "adjustable" and some that are not.  If your son is here on a visit I assume he is on a B2 or visitor visa.  I believe that is not adjustable.  Adjustable really means that you are in the US on one kind of "status" and you are applying to change that status without leaving the US. The status you are on is normally determined by the visa you used to enter the country - unless you adjusted your status.  If your son came on a B-2 visa he is on a B-2 or visitor status.  My own understanding is that you need to leave the country in the same status and re-enter if you want to have a different status. There are other visas like H-1 which are adjustable, and one can change ones status without leaving the country. The current status & visa make a big difference.

I want to emphasize that in the first place I am not an expert and in the second place the rules are always being changed by congress and todays rules may not reflect what I once knew to be true.  I know the I-130 also comes with instructions and maybe those will tell you more about the process.  But I strongly advise you not to guess and just try something out until you have some confidence that you are doing the sensible thing.  You can try contacting the USCIS but they will tell you the law, not what the most sensible thing to do is - these usually are not the same thing.

good luck, I hope this has helped.

=== Additional Info based on your additions ===========

Your son most certainly is not here illegally.  But for anything more I tell you I should give one disclaimer.  I don't know much at all about the visa categories that apply to Native Americans. I know those that apply to the general public and those that apply to ordinary Canadians, but not those that apply to native American Canadians.  This is important because most rules are category specific.  

Now if your son is a Canadian citizen who showed his card at the border and entered it means he is automatically on a B-2 status.  If he was not Canadian he could only have done this by also having a B-2 Visa stamped on his passport at an embassy or consulate, but this process is an exception for Canadians.  Or at least this is true for regular Canadians, once again I offer the disclaimer that I don't know if there is some different status other than B-2 that only applies to Native Americans.  If he is B-2 then the status is not easily adjustable though it is possible with some work.  I suggest you use a lawyer as you can get caught up in a mess if you don't.  Or at the very least try out the immigration site I sent you and maybe ask them your specific question and get some advice.  The site is maintained by a very good immigration lawyer as you can see and the quality of advice you get there will be much better than mine.

Now I don't know how you applied for your green card, but what ever you did may be the right route for him since it worked for you.  I am hoping there are special treaty provisions for Native Americans that make it easier than for the general public.  If you apply for adjustment of status my own guess is that you are best off doing it at a consulate outside the country.  I have been to the US consulates in Toronto and Quebec city which are both good though the latter is better.

I hope you are successful, but I want to emphasize what I said earlier - don't put in some random information and hope it works out.  You can be penalized quite badly by Immigration though you made a simple mistake in good faith.  They are not sensible and reasonable people.  Make sure of your facts before applying.  There are even pro bone immigration groups who will help you out for free.  

Take care and good luck.