Adjustment of Status

[Cristiano]

I came to the United States on F1 (Student Visa) in 2015 and I graduated from school then I got OPT
(Optional Practical Training) and I got Employment Authorization Card and I am working legally right now.
On the other hand, my Dad is a permanent resident (Green Card Holder) and he applied an I-130 (Petition for Alien Relative)
for me in 2011 and the application is with the NVC (National Visa Center) right now.
My Priority Date now follow the table for filing visa applications Not the final action dates table in the
Visa Bulletin so I can apply.
I have 2 options now:
1) Adjustment of Status
2) Consular Processing
Since I am physically present in the United States I want to apply for Adjustment of Status.
My Dad is the Petitioner and I am the Principal Applicant.
My question is for my interview for Adjustment of Status:
should my dad come to the interview with me? or is it optional?

On the other hand, my Dad is not physically present in the United States and he had been in my country
(Out of the United States) for more than 6 years, I know that he has not to leave the United States for more than
6 months but he had some health condition and he had to go to a hospital in my country,
My question, is that effect the process of Adjustment of Status? If yes what can he do to avoid that?
and he didn't file for Taxes for the last 6 years because he didn't work in the United States at all,
Is the Taxes issue related to the Adjustment of Status? If yes what can he do to avoid that?
I know that they may stop him when he comes back to the United States, what should he do to avoid that?
If there is any suggestion that would help please advise me?

[rayb]

Crostiano,

Since your dad has been out of the U.S. for six years, he has effectively abandoned his Permanent Resident status and is no longer "domiciled" in the U.S. His I-130 petition for you has lost its legal basis because the petitioner cannot prove his U.S. domicile.

Since your dad would have significant difficulty accompanying you to an Adjustment of Status interview in the States, so you would be wasting your money applying for Adjustment of Status.

From my perspective, if you married a U.S. citizen, and be petitioned by that spouse, you could acquire a new legal basis to obtain Permanent Resident status.

--Ray B

I came to the United States on F1 (Student Visa) in 2015 and I graduated from school then I got OPT
(Optional Practical Training) and I got Employment Authorization Card and I am working legally right now.
On the other hand, my Dad is a permanent resident (Green Card Holder) and he applied an I-130 (Petition for Alien Relative)
for me in 2011 and the application is with the NVC (National Visa Center) right now.
My Priority Date now follow the table for filing visa applications Not the final action dates table in the
Visa Bulletin so I can apply.
I have 2 options now:
1) Adjustment of Status
2) Consular Processing
Since I am physically present in the United States I want to apply for Adjustment of Status.
My Dad is the Petitioner and I am the Principal Applicant.
My question is for my interview for Adjustment of Status:
should my dad come to the interview with me? or is it optional?

On the other hand, my Dad is not physically present in the United States and he had been in my country
(Out of the United States) for more than 6 years, I know that he has not to leave the United States for more than
6 months but he had some health condition and he had to go to a hospital in my country,
My question, is that effect the process of Adjustment of Status? If yes what can he do to avoid that?
and he didn't file for Taxes for the last 6 years because he didn't work in the United States at all,
Is the Taxes issue related to the Adjustment of Status? If yes what can he do to avoid that?
I know that they may stop him when he comes back to the United States, what should he do to avoid that?
If there is any suggestion that would help please advise me?

[azblk]

Crostiano,


From my perspective, if you married a U.S. citizen, and be petitioned by that spouse, you could acquire a new legal basis to obtain Permanent Resident status.

--Ray B

Marrying someone for the sole purpose of evading immigration laws is illegal and will earn you a permanent ban from the the US

[inadmissible]

There are many good reasons to marry someone All you need is one reason other than acquiring permanent residence!