How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105681
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

MY 13YR OLD LIVES WITH ME WITH B2 VISA BEFORE EXPIRED

Customer Question

HI, i am LPR AND MY 13YR OLD LIVES WITH ME WITH B2 VISA BEFORE EXPIRED APPLIED FOR I130 WHICH IS APPROVED RECENTLY.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: CAN I APPLY AOS
JA: Have you talked to a lawyer yet?
Customer: I AM NOW
JA: Anything else you think the lawyer should know?
Customer: HE IS OUT OF STATUS AND CAN I APPLY FOR HIM ADJUSTMENT OF STATUS
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Most likely he will not be able to maintain legal status long enough to do AOS. What country was he born in? When did he enter the U.S.? When did you file the I-130? How long have you been an LPR?

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Please respond to each question and respond as a reply to this thread/session:

1) What country was he born in?

2) When did he enter the U.S.?

3) When did you file the I-130?

4) How long have you been an LPR?

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Unfortunately, if he is out of status, you cannot apply for Adjustment of Status. He would have to leave the U.S. and complete the process outside of the U.S., but there is no penalty until after he turns 18. So if he leaves the U.S. before turning 18 (and a half, actually), he has no penalty to come back. Or you can become a U.S. Citizen, then he can Adjust status in the U.S. without having to leave.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Thank you for your kindness and respect. Good luck to you.

Related Immigration Law Questions