QUESTION
Is there anything I can do to keep him legally, let him work here and get a social security number?
Asked on Apr 26th, 2014 on Immigration - California
More details to this question:
I'm a green card holder. I have submitted I-130 Petition for my unmarried son who is over 21 years and it was approved in September 2013. It was forwarded to the National Visa Center for processing. I received a letter from the National Visa Center that my son is on F2B category and telling me that it might take years to get the visa number. Currently, my son is on F1 visa and he is about to graduate from the University in Houston, Texas and for sure his stay will be illegal after graduation. He must go home. Can he stay in the US with me or he should go home? If he has to leave US, do I need to contact National Visa Center or US Citizenship and Immigration Services about his travel? Many thanks and God bless you.
3 ANSWERS
Adebola O. Asekun
You should consult with an experienced immigration attorney to fashion alternative non-immigrant visa options for your son to change to from his current F-1 visas which will allow him to remain in the US legally until such a time when his F2 visa will become current, also note that if you become a US citizen, his F2 petition is automatically converted to F1 [adult unmarried son/ daughter of a US citizen] which will hopefully reduce the processing time of his petition further.
Answered on Apr 29th, 2014 at 7:20 AM
If your son cannot extend his studies, will will have to leave the country. If you initially filed I-130 stating that consular proceeding will be used, no need to tell them anything. If he does leave, I suggest you contact them to make sure they are aware that it will be consular proceedings.
Answered on Apr 28th, 2014 at 7:36 PM
If he is in the U.S. in valid F-1 status and will be graduating, he can certainly try to get optional practical training whereby he will be permitted to remain in the U.S. and work for a U.S. employer. After that, if the priority date is not current for your I-130 on his behalf, he can try to get an employment-based visa such as H-1B to keep him in the U.S. in valid status.
Answered on Apr 28th, 2014 at 6:36 PM