Legal Question in Immigration Law in California

His US citizen son can petition for a father when he is over 21 years of age. Provided that the father entered the USA lawfully on a visa, he might be able to apply for adjustment of status (green card).

If he came to USA illegally and not protected by INA 245i provisions, he can't become a permanent resident without having to depart the USA. When he leave the country, he'll become inadmissible for10 years, which will require a hardship waiver in addition to a visa.

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Yes, a child cannot petition until they are 21 years of age, leaving only the fiance or spouse to petition. No information is given concerning the beneficiary's age and exactly how long he has been in the U.S. Potential beneficiaries who have been in the U.S. for a long time may not need to return to a home country for consular processing. Thus, I disagree with Mr. Smal's advice. Under the so-called "family unity" policy of family-based immigration, it is inconsistent with this policy and, frankly, repugnant, to require a longterm U.S. resident (even though "illegal") to return to a home country with minor age children who have absolutely no contact with that country. There are sadly millions of Americans in that situation. I recommend all of my clients who work with me to contact their Congress person to consider other routes to "legal" residency, especially in an election year. Under no circumstances do I recommend a departure from the U.S.