• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Permanent residency for a child under 21

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

elena77

Member
What is the name of your state? Pennsylvania

I have a friend who came here few years ago and he applied for permanent residency status. He has a son of 20 years old who came with him. Will his son be able to get permanent residency through his father since he is under 21? Isn't there a law for that?
 


ImmigAttyLana

Senior Member
It depends on what basis the father is applying for permanent residence and it is critical, if it is going to be possible at all, for the son to actually apply if not receive the permanent residence before he turns 21. Under some circumstances, he may not be able to get it even if it before 21, as for instance if the father marries a US citizen but the marriage occurs after the son is 18.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

ImmigAttyLana

Senior Member
Well, if the father got it and the son is with him and was with him and was under 21, then he should have gotten it along with his father, if the father obtained his status through other than marriage. Please clarify and what is your question? The son either got it or did not but it is not clear what you are asking since you are not providing sufficient information to infer anything.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

elena77

Member
from what I heard is that if the father gets it, he can apply for the son as well.
Someone I went to school with was in the similar situation. She was here on a student visa and when her mom received permanent residency, she applied for her as well (she could not apply before that)

So in my friends situation, he was granted permanent residency and will receive his green card shortly but his son waas not. Can he apply for his son?
 

ImmigAttyLana

Senior Member
I don't know what the situation is exactly so I cannot advise. You need to find out the specifics of how the father obtained permanent residence and why he did not apply for the son at the same time. It is all very fact dependent and you cannot compare this case to other people's cases unless they are truly identical and very few cases are really identical. So, you need to find out when the father and son came into the US, from what country, on what basis the father got his permanent resident status, if indeed this is what he got, whether he had applied for the son's permanent resident status if he was eligible to do so, if not, then why not, etc.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

elena77

Member
Lana, I just found out that after all he did marry a USC. I thought she was just his girlfriend. And his son was 18 already by the time they got married. So is there anything that can be done for a son?
 

ImmigAttyLana

Senior Member
No, most likely not at this point. Now the father will have to petition for his son's permanent residence but it will take several years and if the son is already out of status, he will not be able to gain permanent residence on the basis of this petition in the US. He will have to return to his home country for consular processing but because of the overstay, he will be barred from reentry unless he gets a waiver. Or in the alternative, he can wait for the laws to change. Under the current laws, the only way the son can adjust status to permanent residence in the US is through a valid marriage to a US citizen.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

elena77

Member
Thank you vey much, Lana.
I heard this new law coming out at the end of the summer that might have something to do with their problem. Do you know anything about that?
 

ImmigAttyLana

Senior Member
No, I cannot speculate on any proposed legislation that is not yet law and it is really inadvisable to do so for them either. Unless and until there is a law, there is no point in guessing whether or how it may impact them since they are not going to do anything differently at this point anyway.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top