Rye Brook, NY Immigration Law Firms & Lawyers

No, the petition gives your son no status, at all. He may have other complications. He cannot adjust status, even if the priority date becomes current, since he is now out of status. I strongly recommend an appointment or teleconference with a competent and experienced immigration.

This is not a question to be resolved on a message board. You REALLY need to see a competent immigration attorney who specializes in criminal matters. Do not file anything without seeking a full consult!

Generally, when a U.S. citizen marries a foreign national in another country, the couple can succeed with consular processing so that the foreign national spouse can become a Lawful Permanent Resident (can get a "Green Card"). This is true even if the couple lives outside of the U.S., although it would be necessary to show that the couple intends to become domiciled in the U.S. That intention can be shown, for example, through a job offer, the rental or ownership of a home in the U.S., etc. It would NOT be permissible, however, for the foreign national spouse to enter the U.S. with a visitor's visa while intending to reside permanently in the U.S. The reason for this is that a visitor's visa requires "nonimmigrant intent," i.e. an intention to remain in the U.S. only temporarily. Misuse of a visitor's visa can constitute visa fraud, with very harsh immigration-related consequences. It is not surprising to me that you have found articles that seem to be or are inconsistent. Immigration law is a particularly complex area of the law, and of course there are many other details not mentioned in your question that can determine immigration-related eligibility. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.