Borger, TX Immigration Law Firms & Lawyers

If you were previously deported from the United States, you will need to request permission to reapply for admission to the United States, even if you have already been outside of the US for the required time. The request can be submitted to USCIS on form I-212 after you have been interviewed and found inadmissible by a US consulate. The consulate will instruct you when to file the application.

You can sponsor your son for family-based immigration by filing Form I-130 immigrant petition. However, filing of a petition does not give him the right to stay in the U.S. until he gets a green card. And it is extremely important that he should remain in a legal status, because, if he stays in the U.S. illegally, he will not be able to receive a green card even through your petition. To stay here while his immigration process goes through, he would need to a) extend his B2 status, or b) change his status to some other non-immigrant visa - F1 student visa, or H1B work visa, or any other non-immigrant visa he can qualify for. You also need to understand is that your son will not be eligible to adjust status (receive a green card) any time soon. Every year, a limited number of immigrant visas is issued - 23400 to unmarried adult sons and daughters of U.S. citizens (F1 category); - 26266 to unmarried adult sons and daughters of LPRs (F2B category); and - 23400 to married sons and daughters of U.S. citizens (F3 category). Many more petitions get filed every year, and there is waiting time - right now in F1 category - 7 years (12.5 years for natives of the Philippines; 20.5 years - for natives of Mexico); in F2B category - 6.5 years (11 years - for Filipinos, 21 years - for Mexicans); in F3 category - 11 years (21 years for Filipinos and Mexicans.) This means that the earliest time an immigrant visa might open for your son is about 7 years away. Extensions of B2 status even for 6 months are quite difficult to obtain; and there is no possibility to extend your son's B2 visa for 7 years. Besides, even if it were possible, your son would be unable to work all this time because accepting employment violates B2 status and makes him deport-able. So, your son has 2 options: a) he can talk to an immigration attorney to figure out whether there is a non-immigrant visa he could get to stay in the U.S. until his turn for an immigrant visa comes; or b) he can leave the U.S. when his admission expires and wait for an invitation for an interview at the U.S. embassy in his native country.

If you wish, you could conceivably request an infopass and explain your situation to an immigration officer at your local U.S.C.I.S. office. If the field office agrees, it could issue an I-94 card denoting asylum. When the immigration judge makes a decision, each side is given the choice of whether to appeal or not within 30 days. You could point out the part of your decision showing that the government has waived appeal.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.