Immigration Issues/I-130 filed after 18th birthday by stepfather.
In 2002 an error by a former attorney occurred whereby an I-130 was filed after the 18th birthday of the beneficiary as stepchild. The marriage of the petitioner to the mother of the benficiary occurred four months after the 18th birthday. The application was renewed and fees pay repeatedly in the ensuing 3 years and then it was determined that the application was accepted in error. Immigration has stipulated that the beneficiary now 22 must leave the country and wait while the process is restarted from the beginning. The mother of the beneficiary has since become a lawful permanent resident. Is there recourse? What do you suggest."
The beneficairy shouldnot leave the country. If he does he will become subject to a 10 year bar. Ifhe entered legally and overstayed, he can marry a citizen adn get his green card here. Also, his mother can apply for him but it will take many years and if the law does not change, he will have to interview abroiad and be approved for a pardon of the 10 year bar.