Entered as a minor with B2 nonimmigrant visa

[juan_aguinaga1979]

Hi,
can a person who entered as a minor with a non-immigrant visa B2 adjust status in the US if married to a US citizen? When my cousin was a minor his mother brought him here, but he has this letter from the consulate that says that they waived his passport and visa requirements under section 212(d)(4), there is also a stamp on this paper that says the date he was admited and visa class, but he didn't have a passport . Now he is married to a US citizen and she wants to petition him, but can he do adjustment as well?

[rayb]

If the child is old enough to marry in his residence state, he can be adjusted, IF HE HAS PROOF OF ENTERING THE U.S. LEGALLY. I haven't heard of passport being waived, and would be interested in knowing how he managed that. What country is he from?

--Ray B

Hi,
can a person who entered as a minor with a non-immigrant visa B2 adjust status in the US if married to a US citizen? When my cousin was a minor his mother brought him here, but he has this letter from the consulate that says that they waived his passport and visa requirements under section 212(d)(4), there is also a stamp on this paper that says the date he was admited and visa class, but he didn't have a passport . Now he is married to a US citizen and she wants to petition him, but can he do adjustment as well?

[juan_aguinaga1979]

If the child is old enough to marry in his residence state, he can be adjusted, IF HE HAS PROOF OF ENTERING THE U.S. LEGALLY. I haven't heard of passport being waived, and would be interested in knowing how he managed that. What country is he from?

--Ray B

Yes, and it also says Minor child traveling with mother, for a period not to exceed four weeks. This was in 2000. I have been trying to help him, because I can usually fill out an immigration form, but in this case i am lost how to help him. I wish I could post a picture of it, but without showing his personal information. I am going to type all what it says
To whom it may concern:
This letter is to confirm that the officer in charge of the US immigration and Naturalization Service in El Paso, TX, has concurred with me in a waiver of passport and via requirements under section 212(d)(4) of the immigration and naturalization act for the individual described herein so that if otherwise admissible, he/she/they may be admitted to the United States.
The waiver is grande to this individual whose identiying dat is provided below or attached for the purpose of:
Minor child traveling with mother to......

For a period not to exceed four weeks june21 to july 19 ,2000 and for ONE ENTRY within that period.
then there is his picture and his name, place of birth, nationality, and Non-immigrant classification :b2 ,,,, and on the right side has a stamp when he was admitted with the date and next to Admitted says B2 and the stamp, 212(d)(4)(a)

[rayb]

It looks like the subject was given a legal visa status (B2), which is the most basic requirement for Adjusting status after acquiring a marriage basis.

Until just a few years ago, legal entry of children from Mexico without passports was fairly routine. Even without something in writing, there is already legal precedent for a legal entry being referred to as a "wave through" entry (for children).

--Ray B

Yes, and it also says Minor child traveling with mother, for a period not to exceed four weeks. This was in 2000. I have been trying to help him, because I can usually fill out an immigration form, but in this case i am lost how to help him. I wish I could post a picture of it, but without showing his personal information. I am going to type all what it says
To whom it may concern:
This letter is to confirm that the officer in charge of the US immigration and Naturalization Service in El Paso, TX, has concurred with me in a waiver of passport and via requirements under section 212(d)(4) of the immigration and naturalization act for the individual described herein so that if otherwise admissible, he/she/they may be admitted to the United States.
The waiver is grande to this individual whose identiying dat is provided below or attached for the purpose of:
Minor child traveling with mother to......

For a period not to exceed four weeks june21 to july 19 ,2000 and for ONE ENTRY within that period.
then there is his picture and his name, place of birth, nationality, and Non-immigrant classification :b2 ,,,, and on the right side has a stamp when he was admitted with the date and next to Admitted says B2 and the stamp, 212(d)(4)(a)

[juan_aguinaga1979]

It looks like the subject was given a legal visa status (B2), which is the most basic requirement for Adjusting status after acquiring a marriage basis.

Until just a few years ago, legal entry of children from Mexico without passports was fairly routine. Even without something in writing, there is already legal precedent for a legal entry being referred to as a "wave through" entry (for children).

--Ray B

Thanks for your help. And I just also read a memorandum to the USCIS that even if it was a Visa waiver, people who are married to US citizens or are immediate relatives are the only ones who can adjust status if they entered with a waiver as well.
Ray B, do you help immigrants?????