Q: I am a green card holder, can I file petition for my 20 year old who is here on Esta.
My 20 year old son has been here for 2 months on ESTA, I am wondering if I can file a change of status for him while he's here without going back. I am a resident not a US citizen yet
A:
First; As an LPR your son is required to maintain a lawful status in order to adjust through you in the USA.
Second: Your son is likely to age out before he is able to adjust. This means he becomes a priority relative and is no longer an immediate relative. The wait will be extended by years - depending on his country of origin that you have not stated.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
