This is a immigration question so can lawyers please answer?

Question

ok now i have a 16 year old son and i filed for him to come and live with me in the us some years back and they approved him and now he came to join me 1year ago today {24th aug 07)..now because they approved his application i thought he would be allowed to come and stay so he came and stayed and over stayed the 90 days and last month on the we went to canada and on the way back the immigration service stopped us and they said he was not supposed to be in the country and gave him 2 months to leave the country and that 2months ends on the 29th of sept 08 now i was told i can apply for the i-485. now i want to know the chances of that application being denied or aproved or should i just send him, back to london? thankyou verrymuch and please LAWYERS AND IMMIGRATION OFFICERS ANSWER ASAP PLEASEE

Answer 1

If by some slim chance a lawyer was on here they wouldn't be able to answer your question since you didn't ask one beyond the original question of .............this is a immigration question so can lawyers please answer?

Do you care to expand and ask whatever it is you want to know?

Answer 2

You're an excellent example of why immigration officers should never give anyone a break. The officers paroled your son into the U.S. for one purpose------to depart the U.S., not to file for adjustment of status.

In fact, immigration officers at the border are not allowed to parole people into the U.S. for the purpose of filing for adjustment of status (unless the alien presents an I-512). The purpose of the parole was endorsed on the parole stamp, and I'm sure it mentioned the word "depart," if they filled it out correctly.

Your son was inadmissible for a couple reasons, and instead of exercising their authority to send your son back to Canada, they exercised (perhaps unwisely now) discretion and permitted him to come in for two months to arrange for his departure.

You're lucky I wasn't working that day. Any application to adjust status may be denied as a matter of discretion, and there's an excellent chance your son's I-485 would be once all the facts are known.

If you go back on your word that your son would leave the country on or before Sept 29th, and the officers who paroled him in get into trouble, you can bet they'll never give anyone in your circumstances any leniency again.

Answer 3

First, they did not "approve" him.  They approved your application but he was never issued a visa.  The approval you got was your receipt from the USCIS.  That means nothing.

He entered on the visa waiver program.  He should have left within 90 days of his arrival.  Now, he must leave by Sept. 29th.  It sounds like you've already agreed to voluntary departure so filing an I-485, even if he's eligible, will not work.

The good thing is that he's a minor (16 years old) and will not incur a ban for his overstay.

Are you a US citizen or Green Card holder?

What is your son's citizenship?

When did you file the I-130 for him?

Your son is either Family -1 (if you are a citizen) or Family -2a (if you are a Green Card holder).  You can check the current processing dates each month on the State Department's Visa Bulletin?

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