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Petition for unmarried son/daughters over 21

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Ju19

New member
When a mother put in a petition for their unmarried son/ daughter / over 21 but the son is present in the Usa. The petition been approved by the Uscis but haven’t received nothing from the Visa Center yet, its been a month and a half now. What to do? Should he seek legal help or wait for the visa center to say anything? Is it worth to wait for this kind of visa or it takes years to obtain it? Please help
 


adjusterjack

Senior Member
USCIS has a customer service phone number on its website. The petitioner can call up for a status on the petition.
 

t74

Member
When a mother put in a petition for their unmarried son/ daughter / over 21 but the son is present in the Usa. The petition been approved by the Uscis but haven’t received nothing from the Visa Center yet, its been a month and a half now. What to do? Should he seek legal help or wait for the visa center to say anything? Is it worth to wait for this kind of visa or it takes years to obtain it? Please help
What is the sponsor's status? US citizen or permanent resident
What is country of birth?
Determine category F1 or F2b and then look at country.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-august-2020.html

Based on the dates, the son has a multiyear wait. Overstays are not forgiven.

Son needs to return to home country before the experation date of his authorized stay (I-94). If he has already overstayed, he may have a 3 or 10 year ban.

If you cannot understand the table or rules, see an attorney.
 

Mass_Shyster

Senior Member
Overstays are not forgiven.
That statement is not always true
Son needs to return to home country before the experation date of his authorized stay (I-94).
That statement is not always true
If he has already overstayed, he may have a 3 or 10 year ban.
That statement is not always true

Before you send your son packing, you should certainly speak to an immigration attorney
 

t74

Member
That statement is not always trueThat statement is not always trueThat statement is not always true

Before you send your son packing, you should certainly speak to an immigration attorney
If he is on B-2 visa it is. If he were on another visa, it may have enough validity to cover until AOS. It was a rash assumption that OP would have specified H-1B or F-1 or others qualifying for extended stays. These people are generally very well versed on AOS to permanent resident. This is the type of question expected from a family reunification (spouse) or fiance immigrant looking to sponsor another family member.


When a mother put in a petition for their unmarried son/ daughter / over 21 but the son is present in the Usa. The petition been approved by the Uscis but haven’t received nothing from the Visa Center yet, its been a month and a half now. What to do? Should he seek legal help or wait for the visa center to say anything? Is it worth to wait for this kind of visa or it takes years to obtain it? Please help
That type of visa does take years to reach the front of the line. Asking about the wait implied that the son was in the US on a short duration I-94 like visitor.

It is unreasonable to expect an adult child to receive an immigrant visa in 1.5 months. Even spouse processing is being estimated by those who follow the timelines closely at far more than that and even longer at this time.

So, OP, tell us what visa the son is on and weather he is legally present as well as sponsoring parent's status.
 

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