Brooklyn, NY asked in Immigration Law for New York

Q: I filed a form i-130 in Florida for my son while he was illegally in the usa and the i-130 got approved what do i do nex

The i-130 got approved for my son while he is in usa illegally and they send his case to the national visa center and we got a letter for us do from ds-260 and we did. And paided for it and we got a letter for him to do a interview in his country when they know he is in the usa why

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3 Lawyer Answers

A: Not enough information to form a response. Are you a US citizen? How old is your son? Explore these and other questions with an attorney.

A: In order to answer your question, there is more information that will need to be gathered. When you say your son was illegal, it is unclear whether he is an overstay or whether he entered the US illegally. I suggest that you make an appointment with an experienced immigration attorney to make a plan for your next steps which may or may not include the filing of a waiver.

Best of luck

Hector E. Quiroga
PREMIUM
Answered

A: Probably because he in not eligible to adjust status within the US. You claim that he is in the country without permission, and while there are a few pathways to lawful immigrant status within the US for those who are here without permission, they are few. You must also consider if your son has accrued unlawful presence and will need a waiver before he can return to the United States after his interview. We strongly recommend you speak with an immigration attorney.

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