My wife's aunt and uncle are here in the US illegally. As far as I know they entered without inspection about 20 years ago or so.

Their son was born here in the US and thus is a USC. Right now he is 17 years old.

My question is, how/if/when can their son petition for one or more of his parents to become legal here? I am guessing that if and when he does that they'll have to go back to Mexico and file for a waiver?

He needs to be 21.

He needs to be able to sponsor them.

He needs to be able to demonstrate extreme hardship to him.

What does "He needs to be able to sponsor them" mean? Are there other requirements besides just being 21?

Also, can one child file for both parents or only for one of them?

He can file for both of them once he is 21 years old... he will have to have sufficant income to be able to meet the 125% rule for the number of people in his household... son, mom and dad and any others...

His parents will have to leave the US and return to their own country the visa will be denied at the interview because of illegal residence and a wavier will be needed showing extreme hardship to the son...

Kez

His parents' income can also be used right?

What income?

USC's and LPR's can co sponsor.

No they will be out of the country.... it will have to be his income orif he does not earn enough he will need to find a joint sponsor....

Kez

They told me my daughter or brother could petition for me once they are 21. LMAO because when they told me this, my daughter was only 4.

Just curious ... why would they want to become legal now when they've already been here illegally for 20 years?

I would guess that they are tired of all the hassles being illegal brings. It was really hard for them to get a loan for their house, for example.

Plus, they own their own business, but since neither one of them is legal it isnt really legal either. Also, they pay their taxes every single year (they both have ITINs) but since they are illegal they dont really get any benefits from that.

But mainly I guess they are just tired of living in the shadows you know? If they get pulled over one time for speeding or something then BAM! it could all be over and they might get deported.

They are the kind of immigrants that we need in the US. They both learned English and are committed to being Americans and making their life here. They arent like your average Pedro who doesnt know a lick of English and sends all his money back to his wife and 7 kids in Mexico.....

Waiver is based on proving extreme hardship to qualifying family member. For I-601 waivers (needed here for overstay), child is NOT a qualifying family member. Only USC/PR spouses and parents are.

So that means that they are out of luck then??

They are going to have a VERY hard time proving hardship when the son will be 21 an adult and self sufficient with income of 125% over poverty for at least 3 people.

Since they are so well established over the past 20 or so yrs, business & family... this is a huge risk to put on the line to return to Mexico in hopes the waiver will go through on the hardship route. If this fails, they'll be worse off then leaving as is.