OCI for minor. One parent is out of country and out of status

[suryakodama]

Hello,

My husband recently got laid off and had to leave USA. I am on a valid US status.
We have a 5 month old son who would require a OCI to travel to India.

Just wanted to know if i could file for my son's OCI based on my legal status in USA? or both parents need to have legal status in USA?

Please help with any suggestions if anyone faced a similar situation.

Thank you!

[Liberty48]

Get a visa for now. Apply for OCI when you are together (in India or the USA). If you apply from the USA, you need to provide residency proof for both.