AOS for Out of Status Parents?

[John & Mary 1]

I have a former student who came to the US on the VWP from Argentina when she was seven years old. Now in her late 20s, she has married a US citizen and is an LTR, citizenship application pending. 

 

Her little brother is about to turn 21 and is a natural-born US citizen. He wants to petition for both their parents. Supposedly, he went to see an attorney who told him that he could not petition for both parents at the same time-- this is incorrect, yes? Unless it's because he can't meet the I-864 minimum sponsorship requirements.

 

My concern is that while both her parents entered the US legally on the VWP, it was nearly 30 years ago and they have been out-of-status all this time. Will that time be forgiven as it is with spousal visas?

 

Thank you in advance for your thoughts. 

[NancyNguyen 1,658]

Find a joint sponsor, and yes he can sponsor both of parents same time. He doesn’t need to have an income but he will need a joint sponsor, his sister maybe.

[HRQX 4,145]

1 hour ago, John & Mary said:

Supposedly, he went to see an attorney who told him that he could not petition for both parents at the same time-- this is incorrect, yes?

It's incorrect. He can petition for both parents by filing two I-130 simultaneously (once he turns 21). But he should look for a qualified joint sponsor. I-864 forms are required at the time of AOS filing.