Questions

[alison]

This is my first posting but I've read and utilized much of the information I've found here for the past few years to help my nanny obtain her legal status. Now I'm trying to help my car detailer with his!! He entered unlawfully as a minor with his mother. She now has her green card and is sponsoring him. His I-130 was approved about five years ago. Here are my questions: Will he still have to return to Mexico and wait the year or so while he's waiting for his waiver to be approved since he entered as a minor? Also, what are the priority timelines for a resident alien asking for her (now adult) son?

P.S. With the help of your fantastic website I wrote a hardship letter for my nanny and her husband that was approved!! She just returned after 6 months in Guatemala in time to share Thanksgiving dinner with our family! Thank you :thumbup:

[Laura]

Wow! What a wonderful story about your nanny! That's fantastic...

As far as your detailer, well, that's sort of a different story. Here's a link to the visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html), which shows what they are working on right now.

You said the I-130 was approved 5 years ago - when was it filed? Is it possible it was filed before April 1, 2001? If so, that is really good (as long as he has never left and re-entered the U.S. during that time).

If it was filed before that date, he will eventually be able to adjust status in the U.S. I believe. If not, he is still looking at having to return to Mexico, and his mother would have to file a waiver for him.

However, when you look at the visa bulletin, they are still working at petitions filed in 1992 for the categories he would be a part of. I'm assuming he is over 21 and unmarried. So... that means he is looking at another 10 years at least that he will have to wait.

Someone else please correct me if I am wrong!

[alison]

Wow! He told me that he filed the I-130 in 1998 so I guess that's good news. He's now 34 years old and never been married. I'm also fairly sure (I'll check with him) that he's never left and re-entered. Would it speed up the process if his mother naturalized?

[Laura]

According to how I read the visa bulletin, not really. Adult children of USCs and PRs are both being completed from 1992 right now. If he filed in 1998 he has about 6 years to wait.