Q: Hi my dad is in the states he just got his temporary green card through marriage. My question is can he file for his son

A: A resident parent can file the family petition, FORM I-130, on behalf of an unmarried son.

In your case, the FORM I-485 can not be filed with USCIS by the unmarried son for at least 4 to 5 years. Moreover, the applicant must remain in status and must be otherwise not inadmissible.

A: It depends upon whether you are lawfully present in the United States. There are also other facts to consider.

If he files an I-130, it can jeopardize your chances of being able to renew a student or visitor visa, if any. This is because, to get student and visitor visas, you have to show non-immigrant intent and being the beneficiary of a petition for an immigrant visa is not consistent with non-immigrant intent.

There's a lot to consider other than what forms you need to fill out. Your father may need a joint sponsor. There may be civil law reasons to deny the visa. There are some complicating strategic choices that you will both have to make about when to file. In addition, your dad will have to make sure you make a good presentation when you apply to remove the conditions on his residency so he will not put his conditional resident status, and by extension your ability to maintain your subsequent status, at risk.

As a result, seek a teleconference with a competent and experienced immigration and visa attorney, first.

The above is general information, not legal advice, and does not create an attorney client relationship.