Hernando Beach, FL Immigration Law Firms & Lawyers

I do not understand how an H-1B1 visa is a tourist visa – the two are completely different types of visas. Perhaps you are confusing your friend's H-1B1 with a B1/B2 visa which most individuals use for touring purposes.  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.

If your husband is out of status, I would suggest consulting with an attorney to work out the timing to file and whether he will be eligible to file in the U.S. or must return home and apply for a waiver. Part of the strategy on what to do will depend on how close you are to U.S. citizenship, his eligibility, any criminal record for him, any prior deportation, any prior border stops, and many other factors. We would be happy to consult with you to help work out the best strategy. We do charge for consultations but the consultation fee would then be a credit toward the fees for your case if we are retained thereafter. Contact me as indicated below to arrange a consultation and get further information on procedures and fees.

As a U.S. citizen, you can petition for your son (assuming you and your son meet all eligbility requirements). However, there are significant wait times for visa availability for adult sons/daughters (length of the wait depends on what country he is from). If he had an approved petition and a visa number available (again, this would take time), he could possibly consular process with a waiver (based on hardship to his US citizen parent).  I say possibly because he would have to make sure he is not subject to any other bars that would prevent visa issuance and he would have to be able to prove hardship to you. Your son is most likely barred from adjusting his status because he has been accruing unlawful presence since he turned 18 (unless something has been tolling his unlawful presence). I'd also look into the possibility of 245i grandfathering. Your son's situation is complicated and it would be worth consulting with an experienced immigration attorney to see what, if any, options may be available to him.