Hillside Manor, NY Immigration Law Firms & Lawyers

Usually you can request cross-chargeability in this case to the wife's nationality but you would have to go over this situation with an immigration attorney to check your specific eligibility. You may only file concurrently the I-485 if the priority date is current for you (or if using cross-chargeability) for your wife's nationality. 

In order for someone to adjust status to become a Lawful Permanent Resident (to get a "Green Card"), the filing of a Form I-130 application is merely the first step, and it is necessary to file a Form I-485 Application for Adjustment of Status, along with all other required supporting documentation, including an Affidavit of Support and documents that support the Affidavit of Support. Beyond that, if the person seeking to become a Permanent Resident entered the U.S. with a B1/B2 visitor's visa, and soon after entering commenced the I-130/I-485 application process, there is a risk that the USCIS may deem the person to have committed visa fraud when entering with the visitor's visa - since that requires an intention to remain in the U.S. only temporarily. There are very harsh consequences for visa fraud. Especially since you are less than thoroughly familiar with the application process, it would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise about eligibility and also would be able to provide legal representation for the application process.

Your question is not clear whether you want to sponsor your son or you want him to sponsor you. If  you are a U.S. citizen or legal permanent resident (LPR), you can file a petition to sponsor your adult son.  If he is married, then only a U.S. citizen can sponsor him.  The petition may take 9 months or longer for approval.  After approval, he will have to wait many years until a visa is available for him.  The U.S. has a quota for the number of permanent visas issued each year.  Over the years, the number of petitions filed has exceeded the quota and a backlog has developed.   The time that he must wait will depend on his home country and whether or not he is married.  For example, if your son is Mexican and unmarried, he will have to wait 15 years.  If he is married, then the wait is even longer - 18 years!   If he is from any country other than Mexico, China, India, and the Philippines, his wait time will average 7-10 years. If your question related to an adult son who is a U.S. citizen sponsoring you, then the answer is "yes, he can sponsor you for a permanent visa."  Again, the processing time will be around 5-6 months.  There is no visa limit for parents of U.S. citizens so you would be able to adjust your status, if admissible, or attend an interview at the U.S. consulate to obtain your visa. I hope that this information was helpful to you. Mark