Skip to main content

Adjustment of status

Houston, TX |

Am I eligible for Adjustment of status thru my permenent resident son? Currently out of status and in u.s. for 12 yrs. ( 6yrs H1B, 4yrs H4, 2yrs F1 )

He is 24 yrs. and has conditional GC starting Feb 2013.

+ Read More

Attorney answers 3

Posted

No. Once your son becomes a USC and provided that he is 21 or older at that time, you would then be eligible to adjust based assuming you are otherwise admissible.

The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

Asker

Posted

He is 24 yrs and has conditional GC starting Feb 2013. My question is how can I fill up the gap of 2-3 yrs until he becomes citizen. Just stay out of status or any other option?

Posted

A permanent resident child can not provide any immigration benefit to the parents. He must first become naturalized after he is 21 years of age and then file a relative petition for you to be able to adjust your status to permanent resident.

Posted

You do not appear to be eligible to adjust through your LPR son. However, you may be eligible to do so if he becomes a citizen.

Pedro A. Miranda

Pedro A. Miranda

Posted

Son must also be 21 or over.