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Filed: Timeline
Posted

Hi,

Me and my brothers came to the US when we were young under an A-2 visa (it was our father's visa). Since we were young (4-5 y/o), we've went to school in the US, undergrad, graduate school, etc. Right now we're 21+ and were wondering if we would be eligible for AOS? From reading the posts on here, it seems like most people do an AOS after getting married to a US citizen. Neither I or any of my brothers are planning to get married soon, so we were wondering if we had any other options.

Thanks so much.

Filed: Timeline
Posted

Hi,

Me and my brothers came to the US when we were young under an A-2 visa (it was our father's visa). Since we were young (4-5 y/o), we've went to school in the US, undergrad, graduate school, etc. Right now we're 21+ and were wondering if we would be eligible for AOS? From reading the posts on here, it seems like most people do an AOS after getting married to a US citizen. Neither I or any of my brothers are planning to get married soon, so we were wondering if we had any other options.

Thanks so much.

If you and your brothers meet the criteria here, then you can adjust your status; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=032e3a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=032e3a4107083210VgnVCM100000082ca60aRCRD

Section 13 (Diplomat)

Section 13 of the Immigration and Nationality Act (INA) of September 11, 1957 was created by Congress to allow individuals who entered the United States under diplomatic status to obtain a green card (permanent residence).

Eligibility Criteria

You may be eligible to receive a green card under Section 13 if you can establish that:

• You entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant

• You failed to maintain your A-1, A-2, G-1, or G-2 nonimmigrant status

• Your duties were diplomatic or semi-diplomatic

• There is a compelling reason why you or your immediate family cannot return to the country which accredited you as a diplomat

• You are a person of good moral character

• You are admissible to the United States for permanent residence

• Granting you a green card would be in the national interest of the United States

Application Process

To apply for a green card (permanent residence) under Section 13 provisions, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.

Supporting Evidence for Form I-485

The following evidence should be submitted with Form I-485:

• Two passport-style photos

• Form G-325A, Biographic Information, if you are between 14 and 79 years of age

• Copy of birth certificate

• Evidence that you were admitted as an A-1, A-2, G-1, or G-2 nonimmigrant

• Form I-566, Interagency Record of Request

• Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities

• Form I-693, Report of Medical Examination and Vaccination Record

• Applicable fees

• Any affidavits or other evidence that you wish to submit

• You will also be requested to submit a sworn statement at your interview

Work & Travel Authorization

When you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see our Work Authorization and Travel Documents pages.

-------------------------

If you do not meet the criteria above, then you will need a basis for adjusting status. For some people it could be marriage to a US citizen. For others it could be a family based immigration petition that is current.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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