Fresh Meadows, NY Immigration Law Firms & Lawyers

Where the I-539 is denied and I-94 expired, an individual has certain choices. If you believe that the decision was incorrect, you can file a motion to reopen or reconsider within 30 days on form I-290B. If you do that and U.S.C.I.S. approves the motion, then you will have incurred no illegal time. The difficulty may arise that the agency may not adjudicate the motion within six months. Then you would be on the horns of the dilemma since you would have been accruing illegal presence since the I-539 denial date (assuming that the filing was timely). If you have illegal presence of 180 days, you would be barred from returning to the States for three years if you left the country. Persons who have motions which are pending close to the six month mark would have to make a decision as to whether to leave the country and avoid the three-year bar or staying in the country for the result of the motion adjudication in the hopes that the decision would be overturned. Another option available to you would be to seek any other type of available nonimmigrant status and have the visa consular processed overseas. And of course, many individuals overstay their visa statuses and remain illegal in the States in the hopes that they can later legalize their statuses. That is not a course that we would recommend.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

If you got married within 90 days, she should be ok. You need to file adjustment package: all forms together. I am not sure about your question regarding the limit yes, you can refile the i 485 form.

Unfortunately, there really isn't a good way: Your son could return to the US at any time, but he is still a minor, so he cannot go by himself. He can come here for college when he is older, but he will be able to sponsor you, his parents, only when he reaches 21 years of age. There is nothing your son can do for you now to bring you all to the US, unfortunately.