Stuck!!!Please Help

[mckenzie1977 0]

I came to the us on a f1 student visa in 1997 and overstayed. My father who is a us citizen filed am i-130 visa petition for unmarried sons and daughters of us citizens on my behalf in 2006 which was approved in February 2006. A visa number has now become available but we have just noticed that the approval notice says that i am not eligible to adjust status. Is there a way for me to adjust my status while remaining in the country

[Darkarma 2]

NO

[Inky 1,111]

If the notice says you are not eligible there is likely no way you can adjust status, they would have marked it on your file and your A number.

[RICARDO4EVA2 194]

I came to the us on a f1 student visa in 1997 and overstayed. My father who is a us citizen filed am i-130 visa petition for unmarried sons and daughters of us citizens on my behalf in 2006 which was approved in February 2006. A visa number has now become available but we have just noticed that the approval notice says that i am not eligible to adjust status. Is there a way for me to adjust my status while remaining in the country

It's Unfortunate.. There is no way for you to Adjust here.. You will be required to Travel to your country to have this interview done.. which may get risky and will be questioned as to why you did not return to HOME after your stay/use of the F-1 status expired and have become illegal. maybe best to get a lawyer who will help you because like the other cases you maybe banned since you have overstated your visa and did not use it fully for it's intended use.

If you were "In-Status" at the time of the approval then you would have been given the chance of adjusting here.

[aleful 1,905]

I came to the us on a f1 student visa in 1997 and overstayed. My father who is a us citizen filed am i-130 visa petition for unmarried sons and daughters of us citizens on my behalf in 2006 which was approved in February 2006. A visa number has now become available but we have just noticed that the approval notice says that i am not eligible to adjust status. Is there a way for me to adjust my status while remaining in the country

no. you needed to keep studying and have your F1 active. you cannot overstay and adjust in country. if you leave, you will trigger the 10 year ban and you will need to file a waiver and your father write the Hardship Letter.

[RICARDO4EVA2 194]

no. you needed to keep studying and have your F1 active. you cannot overstay and adjust in country. if you leave, you will trigger the 10 year ban and you will need to file a waiver and your father write the Hardship Letter.

See the bad thing is he can't keep studying... The OP is currently out of status. So not "if he leaves" but when he leaves a ban would be placed against the applicant... If he/she pursues this visa category.

[JimVaPhuong 4,863]

I came to the us on a f1 student visa in 1997 and overstayed. My father who is a us citizen filed am i-130 visa petition for unmarried sons and daughters of us citizens on my behalf in 2006 which was approved in February 2006. A visa number has now become available but we have just noticed that the approval notice says that i am not eligible to adjust status. Is there a way for me to adjust my status while remaining in the country

The only people who are eligible to adjust status while they are currently out of status are people who fall into one of the "immediate relative of a US citizen" visa categories, or certain employment based visa categories. An "immediate relative" would be a spouse, parent, or unmarried child under 21 years old. This obviously doesn't apply to you because there are no annual limits for "immediate relatives", so there would have been no priority date. A visa number would have been available as soon as the I-130 was approved.

For everyone else, the law requires that they maintain their lawful status in order to be eligible to adjust status. You didn't maintain your lawful status, so you're not eligible. You overstayed by more than a year, so you'll receive a 10 year ban when you leave.

You may be eligible to submit an I-601 waiver application while you're still in the US. Your father would have to prove that it would be an extreme hardship on HIM if you were not allowed to remain in the US, or if he were forced to leave the US to stay with you. The way this would work is you would submit your I-485, and then submit the I-601 waiver request at the AOS interview. If the waiver is approved then you'll get a green card. If it's denied then they'll probably start removal proceedings against you.

The majority of in-country I-601 waivers are denied. You should speak with a qualified immigration attorney before sending anything to USCIS.

[mckenzie1977 0]

Thanks for your insights

[katgrl 14]

This is exactly what happened with my husband. He entered on F1 student visa, and his sister petitioned for him. Obviously he didn't/couldn't maintain his student visa for 10 years, so by the time the I-130 was approved, he was ineligible to adjust status. I am sorry! He is now able to adjust status via marriage to me without leaving the country, but that will be the only way for him to do that (or you.)