What is the best and fastest strategy?

[clobe]

But over-21 children of USC have to be in the US legally* to adjust status.

If his parent became a USC before he turned 21, he could adjust status if he entered the US legally (and otherwise didn't have any restrictions against adjustment, as I mentioned above). But he's 20 and his parent obviously can't become a USC before he's 21, so he won't be able to adjust status from his parent's petition, and can't adjust status through employer sponsorship either. He will have to leave the US and wait out the 10-year ban, unless he marries a US citizen. You don't have to wait for the 10-year ban to expire to file for him; he can wait out the 10 years simultaneously while waiting the 11-12 years for your petition to become ripe for a consular interview.

*some people in that situation can adjust status despite being here illegally, if they were in the US and were grandfathered in by having the relevant paperwork filed before the April 2001 deadline for 245(i). However you have given no indication that your relatives would qualify for that.

Based on reading: (uscis.gov /files/ pressrelease/ Section245ProvisionLIFEAct_032301.pdf) I can't see how this would have applied to him, of course I am not really sure I understand it completely but it doesn't seem so.

Anyways, just so I am clear what you are saying is that he would def have to leave and then wait 10 years outside the US to be able to come back in. Even if his parents becomes a USC sometime in the future? Basically there is no way for him to stay here without leaving for 10 years - right?

 

[Jackolantern]

Based on reading: (uscis.gov /files/ pressrelease/ Section245ProvisionLIFEAct_032301.pdf) I can't see how this would have applied to him, of course I am not really sure I understand it completely but it doesn't seem so.

It doesn't. I just put that out there in case you've heard of people here illegally who adjusted status based as an over-21 son or daughter of GC holder or USC. The provision that enabled them to adjust status is no longer available.

Anyways, just so I am clear what you are saying is that he would def have to leave and then wait 10 years outside the US to be able to come back in. Even if his parents becomes a USC sometime in the future? Basically there is no way for him to stay here without leaving for 10 years - right?

That's correct, at his age there's no way for him to stay legally based on his parent's or sibling's sponsorship. However, there is the option of marriage to a US citizen, which would allow him to stay and adjust status if he entered the US legally (depending on what kind of visa or document he used to enter the US).

 

[clobe]

If a GC holder parent sponsors out-of-status child under 21 and the application is successfully processed before the child turns 21 - in that specific case can the child be adjusted while in the US? (Assuming the adjustment process also completes before the child turns 21?)

 

[Jackolantern]

If a GC holder parent sponsors out-of-status child under 21 and the application is successfully processed before the child turns 21 - in that specific case can the child be adjusted while in the US? (Assuming the adjustment process also completes before the child turns 21?)

Regardless of over or under-21, children of GC holders must have legal immigration status to be eligible to stay in the US and adjust status. Only the under-21 children of USC may adjust status despite being out of status.

 

[clobe]

moved to different thread

 

[clobe]

Ques: I-821D, Deferred Action

moved to new thread.

 

[TheRealCanadian]

New thread, please.

 

[txres]

Still trying to get some clarity on what's faster:
A. having GC parent sponsor child (above 21, not-married, outside the US) OR
B. having USC sibling sponsor a sibling

- What happens when the parent becomes a USC during the process?
- Can one of them be a "joint sponsor"? What does a "joint sponsor" actually mean and where would they designate themselves to be one?

- Regarding the I-864 does this need to be filed with the I-130? Or I-485?
- Does the I-864, Affidavit of Support have to come from the same person who filed the I-130 or can it come from a different person?
- What if both the parent and sibling file the I-130? Does it matter who provides the I-864? Or does it have to be the person's I-130 that is being used as a reason to adjust status. I am guessing the later but would appreciate any clarity anyone can provide. thanks.