Adjustment of status for Minor Child, Father is now US citizen Child born overseas prior to dad gaining citizenship

[Nikita2Charles 33]

Asking for a friend

his family Wife and Son came here under the Biden CHNV program, he's doing adjustment of status for his wife, what about his son? what paperwork can he do to adjust his status. 

I was doing some research and I found out if the child was born after he got his citizen then it would be a simple matter, since the child was born before he got his citizenship, he has to file for imigration papers for his son, 

one his son becomes a permanent resident, then the can file citizenship paper for his son.

 

What form do they have to file to adjust the son, since both Mom and son are here, is there a way to add his son to his wife adjustment of status?

[K1visaHopeful 2,938]

Topic moved as this is not K1.

[appleblossom 3,637]

1 hour ago, Nikita2Charles said:

Asking for a friend

his family Wife and Son came here under the Biden CHNV program, he's doing adjustment of status for his wife, what about his son? what paperwork can he do to adjust his status. 

I was doing some research and I found out if the child was born after he got his citizen then it would be a simple matter, since the child was born before he got his citizenship, he has to file for imigration papers for his son, 

one his son becomes a permanent resident, then the can file citizenship paper for his son.

 

What form do they have to file to adjust the son, since both Mom and son are here, is there a way to add his son to his wife adjustment of status?

 

No, he can’t add his son to his wife’s application, there are no dependents for immediate relatives so it’s a completely separate application. 

 

Doesn’t the CHNV program end in a couple of weeks?

[Boiler 46,615]

Sounds like he needs a lawyer

[Nikita2Charles 33]

The program is expiring on April 26, he is filing adjustment of status for his wife can go for adjustment of status but his son is still a minor only 4 or 5 years old, does he have to file an I-130 for him. She already has another son here, that one no problem because he was us born here therefore a US citizen and already got his US passport.

Edited Friday at 02:50 AM by Nikita2Charles

[Dashinka 25,211]

4 hours ago, Nikita2Charles said:

The program is expiring on April 26, he is filing adjustment of status for his wife can go for adjustment of status but his son is still a minor only 4 or 5 years old, does he have to file an I-130 for him. She already has another son here, that one no problem because he was us born here therefore a US citizen and already got his US passport.

Yes, he needs to file an I130 and I485 for the son along with the evidence required for those petitions.  I agree with @Boiler, a lawyer should probably be consulted.

 

Good Luck!

Edited Friday at 07:47 AM by Dashinka