CAN ANYONE HELP PLEASE? GC for child under 21!

[sonja35]

I' ve posted this befor but no answer, has anybody an idea of what i can do in this case? I REALLY NEED HELP!!!


My son came to the US with the VWP from europe and was supposed to stay here for 4 Weeks but his father had called and told me to keep him here with me because he can not take care of him anymore. Of course i am happy to have him here but how can i do that. I mean can i just go ahead and file for his AOS? If yes what forms do i need and how can i get his medical done? I am a LPR with a 2 yrs GC and my husband is a US citizen, i guess that he would have to file the AOS right?

Please i need help, i can not send him back knowing that his father wont be able to take care of him. His I-94 expired last month and i am scared that the USCIS will have a problem with that. What can i do??

[bkwld]

I'll tell you what I know:

At the time when you married to a citizen and your son was under 18 years old, then you can file for AOS for him. Otherwise, if his I-94 expired a month ago, he NEEDS to go back NOW so that he won't be barred for 10 years.

[sonja35]

I'll tell you what I know:

At the time when you married to a citizen and your son was under 18 years old, then you can file for AOS for him. Otherwise, if his I-94 expired a month ago, he NEEDS to go back NOW so that he won't be barred for 10 years.

I've tried to get in contact with his father for the past 4 weeks but nothing. Today i found out that he had moved and no one knows where to, how can i send my son back and to whom? He is only 11 There must be a way to keep him here, do i need a lawyer at this point?

[multiserv]

Have your husband petition for your son as the stepson of a US citzen. You said your son was only 11 and that he entered the US legally as a visitor, therefore he should be able to adjust status as an immediate relative if your husband files an I130 and the I485. Best of luck.

[sonja35]

Have your husband petition for your son as the stepson of a US citzen. You said your son was only 11 and that he entered the US legally as a visitor, therefore he should be able to adjust status as an immediate relative if your husband files an I130 and the I485. Best of luck.

Thank you so much! So all we need is for my husband to file the I-130 and the I-485 is that the AOS? Do we need a lawyer because his I-94 expired?

[bkwld]

I'm relieved that your son is 11. You probably don't need an attorney. Make sure you have a birth certificate of your son showing that you are indeed his mother.

[sonja35]

I'm relieved that your son is 11. You probably don't need an attorney. Make sure you have a birth certificate of your son showing that you are indeed his mother.

Thank you very much! I have his international birth certificate and yes he is 11.