Can U.S. citizen son/daughter petition for their Parents:

·         U.S. citizen son/daughter must be 21 years or older before they are eligible to petition for their parents.

·         Once the U.S. citizen son/daughter is 21 years or older, their parent is considered an immediate relative.  If you are deemed to be an immediate relative then you do not need to wait until your visa number becomes current in order to adjust your status, you can adjust your status immediately. 

·         As an immediate relative, your unlawful presence in the U.S. is waived, as long as you were admitted and inspected when you last entered the United States.

·         If parents are residing inside the United States, then you can file the application to register permanent residence or adjust status, without parents departing the United States (caveat:  you must have been inspected and admitted to the U.S. when you entered to adjust status inside the U.S.).

·         If parents are outside the United States, then once the Petition for Alien Relative is approved inside the U.S. the parent will consular process at the U.S. consulate where they reside.

·         U.S. citizen STEP- son/daughter can petition for their Step-parent, provided the STEP- son/daughter was under 18 years old when step-relationship was created.

·         Lawful Permanent Resident children cannot petition for their parents.

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