Can an US citizen sponsor an unmarried son over 21 for a permanent residence? 9 Answers as of February 06, 2012

A US citizen can sponsor an over 21 year old son or daughter for residence. If he or she has a legal entry, then marriage to a US citizen should result in residence even if he or she overstayed.

If you are over 21, then typically you are not considered an immediate relative and are not eligible for sponsorship. Moreover, if you've been out-of-status for over a year, then any departure from the country will create a 10yr bar to re-entry. It would seem that the only recourse in this situation would be to find a nice girl that you like, date, fall in love and then ask her to marry you; if she says, yes, then you adjust your status through marriage.

When you became a US citizen, your son's preference automatically converted from F2B to F1. Depending on when the I-130 petition was filed and your son's country of nationality, he may still need to wait a few years before applying for an immigrant visa or adjustment of status. He should consult with an immigration attorney.

Yes, that petition can be made, but depending on the country it will take many years and whether beneficiary can adjust is a different question.

A U.S. citizen can sponsor an unmarried son/daughter over 21. The approved petition remains valid, but changes to a first preference. You must notify USCIS and the National Visa Center of the change in the parent's status. The real issue is the fact that the person has remained out of status in the U.S. for over a year. She cannot adjust her status in the U.S. through her parent even if the visa becomes available. The only way you can adjust your status when out of status is if you are considered an immediate relative (i.e. spouse of a U.S. citizen) or eligible for benefits under INA 245(i). She would have to return to her native country, but would be subject to a ten year bar. She may be eligible for a waiver, but would need to prove extreme hardship to her parent.

Additional action can be taken to change the priority date, however, if your son is out of status or a visa overstay, then he is disqualified from adjusting status on your petition. He 'may' try to adjust status based upon an immediate relative U. S. Citizen Spouse petition, where they are in love. I strongly recommend an appointment with a competent and experienced immigration attorney.

The age of the child may be a factor, if the child has only recently turned 21. The US citizen parent may want to provide the National Visa Center with evidence of the change from permanent residence to citizen, if that will improve the wait time for an available priority date. Because there has been an overstay, a change of status to a new non-immigrant status in not viable - without the overstay, an employment based option may have been available. With the overstay the beneficiary child may no longer have any immediate options for adjustment of status beyond a valid marriage to a US citizen.

Yes, it can be done. Please use a competent immigration attorney for the process.

The son cannot adjust his status in the US as he has overstayed his visa(unlawful presence). If he leaves the US he will be subject to the 10 year bar. He is in a bad situation.