by dasco » Tue Jul 17, 2012 11:58 pm
Once a US citizen turns 21 and makes enough money for the mandatory Affidavit of Support, they can petition for an immediate relative (parent/spouse/child) and a sibling.
If the immediate relative entered the U.S. "with inspection," which means with a visa in their passport, an entry stamp, and an I-94 stapled into it, they can adjust status, which happens always from inside the U.S.
If the IR entered the U.S. without inspection, which would apply to illegal immigrants, then they could not adjust status as they would have no status to adjust FROM. In that case the intending immigrant would need to attend an interview at the U.S. consulate in their home country. The moment they leave the U.S. to attend this interview, they would trigger the 10-year bar. After they have spent 10 years outside the U.S., they can get their immigrant visa and return.