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