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Filed: Country: Russia
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Posted

A friend of my wife asked if I knew the answer to a question. She is here on an H1B visa and her son is here with her on an H4 visa. She married a USC in 2009. At the time her son was 18. For some reason which she hasn't explained yet, she waited until now to apply for change of status. Anyway, now she wants to go ahead and get her green card and of course would like her son to be able to stay here as well. Will her son be able to apply along with her or is she stuck petitioning for him as a relative once she becomes an LPR? I've searched all over for info regarding this but couldn't come up with anything.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

A friend of my wife asked if I knew the answer to a question. She is here on an H1B visa and her son is here with her on an H4 visa. She married a USC in 2009. At the time her son was 18. For some reason which she hasn't explained yet, she waited until now to apply for change of status. Anyway, now she wants to go ahead and get her green card and of course would like her son to be able to stay here as well. Will her son be able to apply along with her or is she stuck petitioning for him as a relative once she becomes an LPR? I've searched all over for info regarding this but couldn't come up with anything.

unfortunatly not, the marriage had to take place before he was 18 for her husband to file for him as a stepparent. he can file for her but not her son.

unless he is legal at all times here, he will not be able to adjust in country, children of LPR don't qualify to adjust in country.

 
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