GC parents sponsoring overstayed children under 21

[a2090]

Can parents that are green card holders sponsor their children under 21 that have overstayed with a tourist visa without leaving the country/incurring the 3-10 year ban?


It seems that the process is different if the parents are US. Citizens:

1) Visa Overstays May Be Able to Adjust Status if: they are the spouse of a U.S. Citizen, a parent of an adult (over 21) U.S. citizen, or child (under 21) of a U.S. Citizen. This class of immigrant may have the option to adjust status in the U.S. without having to return to their home country for any step in the process, notwithstanding unauthorized employment or overstaying their authorized period of stay in the U.S. (does not include those entering as “crewman”, or K-1 fiancés who did not marry their petitioner). Spouses of U.S. citizens, parents of adult U.S. citizens, and under 21 children of U.S. citizens are known as “Immediate Relatives” in immigration law talk and do not require additional legal qualification for eligibility to adjust status in the U.S. such as coverage under INA Section 245(i) – see below – to adjust status in the U.S.



Can someone clarify this?

[newacct]

No. Unmarried under-21 children of permanent residents are in the F2A category, not the Immediate Relative category, so need to be in status to be eligible for Adjustment of Status. If a parent will become a citizen before the child turns 21, then they will go into the Immediate Relative category and can then adjust status.

Or, if the child is under 18.5, or is on DACA and got DACA before 18.5, they haven't gotten enough "unlawful presence" to trigger a ban upon leaving yet, and should leave if they are close to having gotten enough "unlawful presence" to trigger a ban upon leaving, and consular process when the time comes.

How did the parents get permanent residency?