A U.S. citizen child who is 21 or older can file a petition for a parent, but unlawful presence still matters. In many cases, parents who entered without inspection cannot adjust status inside the U.S. and may need to apply through consular processing with a waiver. Each case depends heavily on entry history and family circumstances.

Unlawful presence does not disappear simply because a child turns 21. However, some parents qualify for waivers if they can show extreme hardship to a qualifying relative. This is a complex area of immigration law and usually requires careful legal analysis.

Many families are in this situation and some do find a path forward, but it’s not automatic. Before filing anything, it’s strongly recommended to consult an experienced immigration attorney to evaluate risks and possible strategies.