My brother in law and his wife entered the US earlier this year on B2 visas. Within a week upon entry, my bro in law had a Texas drivers license, and it was only valid for the dates on his visa. He planned to leave originally. They had their baby in June, but we no longer speak to them. We hear this information through the family back home.
Fast forward now, he has decided to overstay the visa, and have petitioned (w/ a lawyer) to remain here. They use coronavirus and the newborn as the reason to not go back home, and remain here.
I read on the USCIS website that a US citizen can sponsor their parents only if they are over 21 years old, which obviously this newborn baby is not.
This is the USCIS website regarding sponsorship:
https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf
Is it still possible they appeal and get a green card or citizenship or even granted to stay in the USA? We are hoping they just go home but it seems they have other plans.
What is their options? Can they be deported? Obviously the newborn baby cannot be deported.
I think they have to wait for a judgement before being technically status of overstay now? Am I able to do anything to stop their application, or contact USCIS about it?
** also, this might be better off posted in the family forum instead??