Adjustment of Status for a Canadian Minor

[Sripad]

My wife, son and I are in the US now. My wife and I are Indian citizens, whereas my 10-year old son is a Canadian citizen. I am on a H1B visa and my wife is on a H4 visa. My son does not have a US visa since he is Canadian. My son's I-94 says that his status of admission is H4 and the I-94 is valid till 2018 (when my H1B expires). I am in the process of getting a green card. Recently, my I-140 has been approved under EB1 category. I am now going through Adjustment of Status for myself and my family. Here are my questions:

1. Should I file adjustment of status for my son, who is a Canadian?
2. If I need to file I-485 form for my son, what should I answer for:

Part 1
Current USCIS status: Expires on:

Part 3
In what status did you last enter?

Should I use the information on the I-94 to answer these questions?

Thanks in advance.

[Adrian Gruber]

Qualifications

My wife, son and I are in the US now. My wife and I are Indian citizens, whereas my 10-year old son is a Canadian citizen. I am on a H1B visa and my wife is on a H4 visa. My son does not have a US visa since he is Canadian. My son's I-94 says that his status of admission is H4 and the I-94 is valid till 2018 (when my H1B expires). I am in the process of getting a green card. Recently, my I-140 has been approved under EB1 category. I am now going through Adjustment of Status for myself and my family. Here are my questions:

1. Should I file adjustment of status for my son, who is a Canadian?
2. If I need to file I-485 form for my son, what should I answer for:

Part 1
Current USCIS status: Expires on:

Part 3
In what status did you last enter?

Should I use the information on the I-94 to answer these questions?

Thanks in advance.

I am not an attorney. Since neither you or your spouse are permanent residents nor US citizens I don't think your child is eleigible even tho he is a Canadian.
Green Card eligibility is the following:
Family Based
Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:

Parents of a U.S. citizen
Spouses of a U.S. citizen
Unmarried children under the age of 21 of a U.S. citizen
Note: U.S. citizens must be at least 21 years old to apply for their parents.

The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:

First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents
Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children
For more information on green card eligibility through a family member, see the “Green Card Through Family” link to the left.

here is the direct link to USCIS concerning other qualifications: https://www.uscis.govhttps://www.imm...rd-eligibility