GC for the son under 21

[Sunithak]

I am married to US Citizen in Feb 2016. My son is 20 at the time. My Adjustment of status is in process and I hope to get Green Card by Jul-Aug 2016. My son will turn 21 in October

Will I be eligible to apply for his GC after I get mine (considering mine will be conditional green card).

Any advice is appreciated.

Thanks in advance
Sony

[rayb]

Your wife cannot petition your son because he had turned 18 before you married. When you get your Green Card,you can petition your son, but you cannot adjust his status until his Priority Date becomes current, which will be after he turns 21. He would then have a wait of several years before he is eligible for Green Card processing.

--Ray B

I am married to US Citizen in Feb 2016. My son is 20 at the time. My Adjustment of status is in process and I hope to get Green Card by Jul-Aug 2016. My son will turn 21 in October

Will I be eligible to apply for his GC after I get mine (considering mine will be conditional green card).

Any advice is appreciated.

Thanks in advance
Sony

[Sunithak]

GC for my son under 21

Thank you Ray for your reply.

Does that mean that even if I apply for a GC for my son in Aug 2016 (he will turn 21 on 23 Oct 2016), his application will not be processed as a GC for child?

[rayb]

Right. He will be processed for Permanent Resident status as a child age 21 or older because his Priority Date won't be reachable as a child for 2 years, and as an adult for several more years (depending on his country).

--Ray B

Thank you Ray for your reply.

Does that mean that even if I apply for a GC for my son in Aug 2016 (he will turn 21 on 23 Oct 2016), his application will not be processed as a GC for child?