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i need some urgent help with my son's adjustment of status...we both came in the us in 2003. i married a us citizen and got my greencard at that time he was 18 and over age . so i filed an I-130 for him. the case was sent to the national visa center ..a visa number is avaiable for him now but the uscis is saying he cannot adjust status because he is here and his I-94 has expired. i am a citizen now.. he was under 21 when his I-130 was filed ut now he is 25...what can i do to help him ....what can he do now
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This is unfortunate. Unlike adjustment of status to an immediate family like a spouse (married to a US citizen), your son needed to have a legal status when filing the I-485. Even he goes back to his country, he will be barred from coming back for years since he overstayed. When did he become out of status? -
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If he goes back to his country he will barred from coming to US. If he is unmarried, he can file for adjustment of status if he marries a US citizen.Comment
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