Legal Question in Immigration Law in Texas

My Son's ( 17yrs old) i-130 was approved last year but visa transfer declined due to being out of Status (He's in the U.S) i received my Citizenship a few weeks ago. Do i process with the Visa Office. There fees are $318 and they said they would send my info back to immigration office to arrange an Interview and would be doing a I-45 or do i do a N-600 with Immigration directly? My son has not seen his Mother in 3 years and i want him to go in June during the summer break. I need the fastest route that will give him some form of legal papers so he can leave the country.


Asked on 2/10/14, 7:47 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If your son is out of status and still in the United States, he could be subject to the 3/10 year bar to admissibility if he departs the country now.

If you are a U.S. citizen, then your son would be considered an immediate relative & can file for his greencard right now. He should therefore not leave the U.S. & he should file his I-485 package immediately. He can visit his mother once he becomes a U.S. Legal Permanent Resident.

Please let me know if you have any further questions. Good luck!

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Answered on 2/10/14, 9:55 am


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