Form I-485 Questions

[jon1987n 4]

Ok, so I have a person that has a 21-year old son he's a US citizen.

Can he submit form I-485 together with the form I-130 for his mother.?

Without her leaving the united states.? 

But if she has to leave the US  can she use application  I-601 to not trigger a Ban.?

[Franco007 27]

11 hours ago, jon1987n said:

Ok, so I have a person that has a 21-year old son he's a US citizen.

Can he submit form I-485 together with the form I-130 for his mother.?

Without her leaving the united states.? 

But if she has to leave the US  can she use application  I-601 to not trigger a Ban.?

Is the mom here legally at the moment.

[jon1987n 4]

11 hours ago, Franco007 said:

Is the mom here legally at the moment.

No, she came to the united state illegally.

[Franco007 27]

13 minutes ago, jon1987n said:

No, she came to the united state illegally.

I-485 is for change of status... since she is here illegally she has no status to change from.... I believe after i-130 is approved he will need to file I-601a and finish filing processing at her home country embassy after I-601a is approved.

[jon1987n 4]

She also has a 10-year-old son with a special condition(down syndrome).  Will that help on the I-601 as an extreme hardship or is it better if the 10-year-old files the petition instead of her 21-year-old. ? Can the 10-year-old file an I-130 for her?

[Franco007 27]

3 minutes ago, jon1987n said:

She also has a 10-year-old son with a special condition(down syndrome).  Will that help on the I-601 as an extreme hardship or is it better if the 10-year-old files the petition instead of her 21-year-old. ? Can the 10-year-old file an I-130 for her?

I do not think a 10yrs old can file but the older child can include that in his case but he will need the help of a good lawyer who will be able to gather all that will help the case.