Mother in law is a US citizen and i'm an overstayed F1

[pinoyfl 0]

Hello everyone. I'm just looking for some guidance to what my next move is. Here's my situation. I left the Philippines when I was 14 in 1991 with a B2 visa which eventually got changed to a F1. I'm not exactly sure when my F1 Visa expired but I stopped attending school around 1996. I have a valid driver's license as well as a valid Social Security Number. I've been working and paying taxes since I started working in 1997. I've been very lucky I guess since I've been passing all the validation checks for all of my previous employers. My dad who passed away 4 years ago married a US citizen. As far as I know, she has not remarried.

Things are starting to catch up to me now and I really want to fix my papers now since I have that fear of eventually getting deported. How hard would it be for my step mom to petition me? I'm now 34 and unmarried. Since I entered legally, do I still get a 10 year ban? Do I need to go back to the Philippines while she's working on my papers? I've been with my current employer for 4+ years now.

Thank you all in advance

Edited January 4, 2011 by pinoyfl

[hheaven67 2]

Hello everyone. I'm just looking for some guidance to what my next move is. Here's my situation. I left the Philippines when I was 14 in 1991 with a B2 visa which eventually got changed to a F1. I'm not exactly sure when my F1 Visa expired but I stopped attending school around 1996. I have a valid driver's license as well as a valid Social Security Number. I've been working and paying taxes since I started working in 1997. I've been very lucky I guess since I've been passing all the validation checks for all of my previous employers. My dad who passed away 4 years ago married a US citizen. As far as I know, she has not remarried.

Things are starting to catch up to me now and I really want to fix my papers now since I have that fear of eventually getting deported. How hard would it be for my step mom to petition me? I'm now 34 and unmarried. Since I entered legally, do I still get a 10 year ban? Do I need to go back to the Philippines while she's working on my papers? I've been with my current employer for 4+ years now.

Thank you all in advance

Sounds to me like you need some legal expertise here. As far as what I've read, you would most definitely be subject to at minimum, 10 year ban. Due to your age, I would think it would take approximately that long to get a visa thru your step-mom? Someone jump in here if there's another alternative...I don't know how your employer would react if you were to ask them to sponsor you & you paid the fees? Good luck...

[Boiler 46,000]

How old were you when your father married?

From a practical perspective it may not matter that much, you can not adjust in country, you would have a 10 year ban as soon as you leave.

Your best bet would be finding a USC to marry.

[pinoyfl 0]

Sounds to me like you need some legal expertise here. As far as what I've read, you would most definitely be subject to at minimum, 10 year ban. Due to your age, I would think it would take approximately that long to get a visa thru your step-mom? Someone jump in here if there's another alternative...I don't know how your employer would react if you were to ask them to sponsor you & you paid the fees? Good luck...

I don't know how my employer will react if I tell them about my status I'll most likely be a 50/50 chance or probably not to my favor.

[pinoyfl 0]

How old were you when your father married?

From a practical perspective it may not matter that much, you can not adjust in country, you would have a 10 year ban as soon as you leave.

Your best bet would be finding a USC to marry.

I would say i was 29 or so? Looking at the bulletin, it looks like it'll take 16 years or so for filipinos as a Family 1st petition I'll definitely seek legal expertise. Just getting an idea on what I will go through. Thanks all.

[Boiler 46,000]

I would say i was 29 or so? Looking at the bulletin, it looks like it'll take 16 years or so for filipinos as a Family 1st petition I'll definitely seek legal expertise. Just getting an idea on what I will go through. Thanks all.

Too old for your step mother to sponsor you anyway.

There is not really much to advise upon.

[pinoyfl 0]

Too old for your step mother to sponsor you anyway.

There is not really much to advise upon.

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include;

* IR-1: Spouse of a U.S. Citizen Learn More

* IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen

* IR-3: Orphan adopted abroad by a U.S. Citizen Learn More

* IR-4: Orphan to be adopted in the U.S. by a U.S. citizen Learn More

* IR-5: Parent of a U.S. Citizen who is at least 21 years old

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are;

* Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)

* Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

* Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)

* Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

Don't I fall in the F2 category? Thanks again.

Edited January 4, 2011 by pinoyfl

[pinoyfl 0]

Actually, I'm not sure if my mother in law is an LPR or a Citizen.

[Boiler 46,000]

You were an adult when your father married so you do not qualify as a child of his wife.

Would you be prepared to wait out the ban anyway?

[belinda63 3,046]

Because you were not a child when your father married you are not eligible to have your step-mother petition for you. Although you entered the country legally you have been out of status since your visa expired/you stopped attending school. As soon as you leave the US you will have a 10 year ban to re-entry.

[Jojo92122 1,924]

Because you were not a child when your father married you are not eligible to have your step-mother petition for you. Although you entered the country legally you have been out of status since your visa expired/you stopped attending school. As soon as you leave the US you will have a 10 year ban to re-entry.

Agree.

Your only hope of legally living in the US is to marry a US citizen. Only she can have your overstay "forgiven" at this time, otherwise you are deportable and subject to the 10 years ban.

[Lexlee08 18]

I got confused for a little bit here, so it's your step-mom and not your mother in law. Anyway either step-mom or MIL can't be of any help to you at this point. Like everybody has been pointing out you are already an adult when your dad married your step-mom so you are not considered a minor and don't qualify as an IR, and like you previously said earlier she is a USC, so F2 does not apply to you. You can consult a lawyer and check if you have any other options. Good luck.

[pinoyfl 0]

Thanks all

[Brother Hesekiel 2,236]

The 10-year bar is triggered the moment you leave the US. If you don't leave the US, there is no bar and no need for a visa.

The only way to "fix" your status is by Adjustment of Status (AOS). For this, you need to be the spouse of a US citizen. You'll either need to stay put until you meet the man of your dreams and get married to him, or until we get a comprehensive immigration reform.

Since you have a driver license, SSN and pay taxes, you have a good basis for holding out. Understand that at AOS, overstay and working without authorization is not being made an issue of.

Keep a low profile and stay out of trouble.

[matuk tuokan 2]

Hello everyone. I'm just looking for some guidance to what my next move is. Here's my situation. I left the Philippines when I was 14 in 1991 with a B2 visa which eventually got changed to a F1. I'm not exactly sure when my F1 Visa expired but I stopped attending school around 1996. I have a valid driver's license as well as a valid Social Security Number. I've been working and paying taxes since I started working in 1997. I've been very lucky I guess since I've been passing all the validation checks for all of my previous employers. My dad who passed away 4 years ago married a US citizen. As far as I know, she has not remarried.

Things are starting to catch up to me now and I really want to fix my papers now since I have that fear of eventually getting deported. How hard would it be for my step mom to petition me? I'm now 34 and unmarried. Since I entered legally, do I still get a 10 year ban? Do I need to go back to the Philippines while she's working on my papers? I've been with my current employer for 4+ years now.

Thank you all in advance