Parents of United States citizens who are over twenty-one are also classified as immediate family members and are therefore exempt from the priority waitlist, which means a US citizen child over twenty-one can file for his or her parent immediately. The parent-child relationship must have been established by the laws of the country of origin prior to filing, irrespective of a domestic or consular application.
If the parent entered the US legally, the US citizen child can file for adjustment of status regardless of any visa overstay issues or illegal work. As is the case with all applicants with pending adjustment of status applications, such applications afford a work permit and possibly a travel document.
Step-children are able to apply for their step-parents as long as the relationship was established prior to the child’s eighteen birthday.
If the parent is in the United States after having entered unlawfully, the only manner to obtain residence would be at a US Consulate overseas. Children, however, are not qualifying relatives for a waiver; only spouses or parents can form the basis for a waiver application.
Dependent children are not qualifying relatives in this category; if a USC Child’s petitions for a parent and no children follow, the United States citizen may apply for a sibling petition but that takes years. The parents, after becoming a permanent resident may petition immediately for his or her child.
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