Tweet
Okay guys I am back. I have a question concerning my neighbor. My neighbor wants to know if she can adjust status if her 18-year old son is in the Army? I know I might have posted the question on the wrong thread. She?s being here in the USA 20 years, enter this country without inspection. Thank you guys!
-
-
First, only a US citizen who is 21 or over can petition a parent. So if his son is a US citizen, he needs to wait until he is 21 before he can petition her.Originally posted by Josehernandez View Post
Second, someone who entered without inspection is generally not eligible for Adjustment of Status. (There is an exception if she was the beneficiary of a petition filed before 2001.) But doing Consular Processing abroad will trigger a 10-year ban. And she can only get a waiver for this ban if she can show that her US citizen or permanent resident spouse or parent will suffer "extreme hardship" if she can't be in the US (hardship to her son doesn't count).
There used to be a program called Parole-in-Place (PiP) for immediate family members of someone in the US military to be "paroled", which counts as an entry with inspection, which would allow them to AOS if they are the spouse or parent of a US citizen. The current status of PiP under the Trump administration is not very clear, but there are some reports that it is still available. If she can get paroled through PiP, that would allow her to AOS when her son turns 21.
This is my personal opinion and is not to be construed as legal advice.
Comment