Can we petition our son and is he able to do AOS

[sony2001 7]

Hi , Ihave question and need your help dear visa journey friends

We are permanent residents,and would like to sponsor our son who is 25 year old,unmarried and he is in US for 7 years but illegal .Is he able to do adjustment of status?Thanks

[teeak 224]

How did he enter the US? If he was inspected at the border than he can adjust status.

You can petition for him under the F2B category (unmarried children over 21). He won't be able to adjust status until his PD becomes current and that will take about 5 years with the new policy allowing you to file before a visa number is available. It's best that you submit a petition for him as soon as you can.

Also, be warned that if he leaves the US before he can adjust then he'll have a 10-year ban since he overstayed for more than 1 year.

Edited October 6, 2015 by teeak

[sony2001 7]

Thanks for reply

Yes he entered with tourist visa and overstayed,but does he need to remain unmarried?

[teeak 224]

Hmm, you know actually....he runs into the problem of having his overstay forgiven and to do this, he needs to be an immediate relative of a USC. It seems as though the only way to have this forgiven is to marry a USC and then adjust.

Otherwise, he'll have to return home and face the 10-year ban and only then will your petition be able to bring him to the US legally.

Sorry! I should've put more thought into my first post.

Edited October 6, 2015 by teeak

[hari29 24]

Thanks for reply

Yes he entered with tourist visa and overstayed,but does he need to remain unmarried?

He can apply for a F2B visa, but then he stayed here illegally for more than a year. You need to get a waiver. If not, he will be banned for a year. Also married children of PRs do not qualify for F2B visa. You can apply for him after you become citizen.

And NO, he cant file AOS for himself. He is not even supposed to be in USA, let alone work here. So he cant show his income to support himself. Contact an immigration attorney to clarify all this.