Can I re enter US if my i-130 is accepted?

[ionzedi]

Hi. I entered the US in a B2 visa. My dad is a PR here and applied for me and my mom through i-130. I have overstayed my visa by more than a year. My i-130 is still pending. I am 19 years old. If i leave the US, can I re enter or get an immigrant visa if my i-130 is accepted while I am outside of the US?

[Trinity71]

Hi. I entered the US in a B2 visa. My dad is a PR here and applied for me and my mom through i-130. I have overstayed my visa by more than a year. My i-130 is still pending. I am 19 years old. If i leave the US, can I re enter or get an immigrant visa if my i-130 is accepted while I am outside of the US?

If you leave the U.S. while the AOS is being processed, it will abandon the application. You would need to apply for advance parole which once approved, will allow someone to travel outside the U.S. while their application is pending or being processed.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[inadmissible]

Because you have accrued more than 365 days of unlawful presence while over the age of 18, departure from the United States will render you inadmissible to the United States for a period of 10 years. So if you leave, you will not be permitted to return as a tourist or obtain an immigrant visa

You are second-preference relative, a child of a permanent resident ("F2A"). You should have an visa number available in 2 years time, at which time you WOULD have been able to adjust your status to a permanent resident IF YOU HAD remained in lawful status the whole time. You have not been in status, so you will not be eligible for adjustment of status at that time.

If you COULD become an immediate relative of a US citizen, you could then adjust status to permanent residency and your overstay would be forgiven. As it stands, your father is a permanent resident. If he is eligible to apply for naturalization, he should do so, so that you have a straightforward path to regularizing your status

If he naturalizes prior to your 21st birthday, you will be his immediate relative. If he naturalizes after your 21st birthday, you would be a first-preference relative. Immigrant visa numbers are available for F1 relatives 5 years after they become available for F2A relatives, even longer if you are a national of Mexico or Philippines. Even then, adjustment on that basis will not be available to you because you are out of status

tl;dr you either have to become an immediate relative (child of citizen under age 21 or spouse of citizen) or you can expect to spend 10 years abroad waiting to return. Find out when your dad can naturalize, or find a citizen to marry