Legal Question in Immigration Law in Indiana

If the child is under 245 (i) protected and the I-130 priority date is current, the child might apply for green card. We suggest you to consult with an immigration attorney to analyse the case and find out possible solutions.

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He is not eligible for adjustment of status because he is out of status; the petitioner is not a US citizen; and he applies in one of the family-based visa categories.

If the father becomes a US citizen and the child is still an unmarried child under 21, then he should be able to adjust status.

You didn't provide enough details to determine whether this child can apply under 245(i). There could be some other options that are not clear from your post.

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He cannot adjust status because the father is a lawful permanent resident. Any applicant who on or after November 6, 1986 is not in lawful immigration status on the date of filing an application for adjustment of status, is not eligible to adjust status. The exception to this is if the applicant is an "immediate relative". An "immediate relative" means the children, spouses, and parents of a U.S. Citizen. The father should consider naturalizing and then apply for his child to adjust status. You should speak to an immigration attorney to discuss your question. Please feel free to contact me for a consultation.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com