Can a Green Card Holder apply for an out of status 21 year old son?

T

THusain100

Registered Users (C)
Hello,

I would like to know if it is possible for a green card holder to apply for their 21 year old son who is currently in the United States and is out of status? Thanks for all helpful answers.
 
You can apply, but it is going to be denied. Out of status applications won't see the light of day or be approved, except if the applicant is a spouses of US citizen. How long has your son being out of status? If is more than 180 days, he faces a 10 year bar as soon as he leaves the US.
 
I-130 will be approved as it only establishes the relationship and the eligibility for a visa number. But the out-of-status non-immediate relative will not be able to adjust status on the basis of this application. And, if he tries to do consular processing, he will face an entry bar for 3-10 years.
 
How long has he been out of status? When he was in status, what type of status was it -- B2, F1, something else?

Because he is out of status, he won't be able to adjust status to permanent residence within the US based on your filing, but depending on your answers to the above questions he may be able to get a GC if he interviews for it outside the US at a consulate.
 
He came with his mother to the U.S. when he was 7 with a visitor's visa, he shared his mother's passport. The mother lost the passport and the i-94 card. Basically there is no proof of entry for him.
 
Too bad ... even if he recovered the passport and/or I-94, he still would not be eligible and would have to leave the US to wait out the 10 year ban in order to become eligible again. Unless the appropriate paperwork was filed before the cutoff in 2001 to qualify him for 245(i) -- which may be a possibility if his parent(s) obtained their GC via 245(i).

The good news is that an I-130 can be filed for him while he is waiting out the 10 years; he just has to make sure the 10 years have been completed before interviewing for the GC at the consulate.

The backlog in the Family 2B category is about 5 years, and about 4 years in the family 1st preference (he can be upgraded to 1st preference if his parent becomes a citizen). So if he leaves this year and his parent files for him around 2015 or 2016, when it is time to be interviewed in around 2020 the ban should have expired.
 
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