Adjustment help

[Jayfizze]

Hi,

I am over 21 years old, my parents are us citizens.
My stepmom got citizenship before I turned 18, my dad after I turned 21. My name was on the I130 during the paperwork for my dad's residency.
My Dad and I lived at the same address until I was 21 when I moved because of work.
I am currently in the US
Is there anyway to adjust my status to permanent ?
What's the best course of action to be taken ?

[kaylip]

Hi,

I am over 21 years old, my parents are us citizens.
My stepmom got citizenship before I turned 18, my dad after I turned 21. My name was on the I130 during the paperwork for my dad's residency.
My Dad and I lived at the same address until I was 21 when I moved because of work.
I am currently in the US
Is there anyway to adjust my status to permanent ?
What's the best course of action to be taken ?

What is your status right now? What Visa a
did you use to enter the US?

[Jayfizze]

What is your status right now? What Visa a
did you use to enter the US?

I entered on a B1\B2 Visa.
My status is Visitor.

[newacct]

why didn't they petition you before?

[kaylip]

I entered on a B1\B2 Visa.
My status is Visitor.

If you're still in status I think it's best to return to your country and do consular processing. If you adjust here in the USA your case may take around 4-12 months for a Green Card and you will fall out of status and be miserable not having a SSN, driver's license or work legally. It will take a toll on you mentally, trust me.
Because your parents are citizens, the process will be anywhere between 9 months to a year. You'll be able to work and have a free life in your country and when you receive your immigrant visa to go to the US, you'll get your GC & SSN within weeks. You'll be ready to start your life here without having to wait months to a year in anxiety wondering if ICE will come and deport you.

[Jayfizze]

why didn't they petition you before?

Misunderstanding of the law, Step mom didn't know she could petition for me alone, Dad wasn't that interested in migrating.
There was a filing done a few years ago but they didn't submit enough supporting information on the case so it was denied, I think.
I am curious as well to how late after a decision can a case can be reopened.

- - - Updated - - -

If you're still in status I think it's best to return to your country and do consular processing. If you adjust here in the USA your case may take around 4-12 months for a Green Card and you will fall out of status and be miserable not having a SSN, driver's license or work legally. It will take a toll on you mentally, trust me.
Because your parents are citizens, the process will be anywhere between 9 months to a year. You'll be able to work and have a free life in your country and when you receive your immigrant visa to go to the US, you'll get your GC & SSN within weeks. You'll be ready to start your life here without having to wait months to a year in anxiety wondering if ICE will come and deport you.

OK Thanks for the suggestion and feedback, I have about 6 months in the country and work in my country is hard to get and does not pay much.
I am considering moving back.
Would you suggest we get a lawyer ?

[kaylip]

Misunderstanding of the law, Step mom didn't know she could petition for me alone, Dad wasn't that interested in migrating.
There was a filing done a few years ago but they didn't submit enough supporting information on the case so it was denied, I think.
I am curious as well to how late after a decision can a case can be reopened.

- - - Updated - - -



OK Thanks for the suggestion and feedback, I have about 6 months in the country and work in my country is hard to get and does not pay much.
I am considering moving back.
Would you suggest we get a lawyer ?

You wouldn't really need a lawyer for that. It's pretty straight forward. Seek consultation from a lawyer on how to file, if you don't want to research and read yourself.

[newacct]

If you're still in status I think it's best to return to your country and do consular processing. If you adjust here in the USA your case may take around 4-12 months for a Green Card and you will fall out of status and be miserable not having a SSN, driver's license or work legally. It will take a toll on you mentally, trust me.
Because your parents are citizens, the process will be anywhere between 9 months to a year. You'll be able to work and have a free life in your country and when you receive your immigrant visa to go to the US, you'll get your GC & SSN within weeks. You'll be ready to start your life here without having to wait months to a year in anxiety wondering if ICE will come and deport you.

It is not "4-12 months" or "9 months to a year". If he is petitioned now, an unmarried over-21 child of a citizen is in the F1 category, with a 7-year wait for visa numbers for people born in most countries (longer for people born in Mexico or the Philippines). An married over-21 child of a citizen is in the F3 category, with a 12-year wait for visa numbers for people born in most countries (longer for people born in Mexico or the Philippines).

[newacct]

Misunderstanding of the law, Step mom didn't know she could petition for me alone, Dad wasn't that interested in migrating.
There was a filing done a few years ago but they didn't submit enough supporting information on the case so it was denied, I think.
I am curious as well to how late after a decision can a case can be reopened.

Do you know what was filed and when?

OK Thanks for the suggestion and feedback, I have about 6 months in the country and work in my country is hard to get and does not pay much.

What do you mean you have about 6 months in the country? You mean you just entered the country and have 6 more months of status? Or that you entered 6 months ago and your status is about up? It sounded like from your original post that you had been living in the US a long time, e.g. talking about living with your dad before you turned 21, etc.

[Jayfizze]

Do you know what was filed and when?




What do you mean you have about 6 months in the country? You mean you just entered the country and have 6 more months of status? Or that you entered 6 months ago and your status is about up? It sounded like from your original post that you had been living in the US a long time, e.g. talking about living with your dad before you turned 21, etc.

a I130 was filed in 2013.
I have only been living here for about a month. I visited before longest stay was about 2 months.
I was not here before i turned 21.