Adjustment of Status-immediate family of US Citizen

[limenaluv91 34]

In 2007 my dad petitioned for me and my sister, he was a permanent resident then. The case was approved and went to the national visa center.. We were issued visas but We were advised to wait until my dad got his citizenship due to the risk of us havin to leave the US and being denied to residency. We did as we were told (by a lawyer) and my dad became a citizen under oath last week. We updated to the Nvc and contacted USCIS and they told us to file for adjustment of status. Is my priority date the one of my approved I 130? Or will it be on the day of the approved I 485? Also, will the process be faster since we had our I 130 approved? By the way, both me and my sister are under 21 but we don't qualify for citizenship automatic from my dad because we are over 18. I also wanted to ask, do I have to send a copy of my dads birth certificate with mine to prove the relationship? Or should they already have that from my application I 130? Thanks!!! Please help!

[JimVaPhuong 4,863]

In 2007 my dad petitioned for me and my sister, he was a permanent resident then. The case was approved and went to the national visa center.. We were issued visas but We were advised to wait until my dad got his citizenship due to the risk of us havin to leave the US and being denied to residency. We did as we were told (by a lawyer) and my dad became a citizen under oath last week. We updated to the Nvc and contacted USCIS and they told us to file for adjustment of status. Is my priority date the one of my approved I 130? Or will it be on the day of the approved I 485? Also, will the process be faster since we had our I 130 approved? By the way, both me and my sister are under 21 but we don't qualify for citizenship automatic from my dad because we are over 18. I also wanted to ask, do I have to send a copy of my dads birth certificate with mine to prove the relationship? Or should they already have that from my application I 130? Thanks!!! Please help!

I'm confused. You said you were issued "visas". That would mean you went to an interview at a US consulate abroad. Then you say a lawyer told you to wait until your dad became a US citizen, but the reason you gave for this makes absolutely no sense. Then you said that your dad upgraded your petition, presumably to IR2, and now USCIS is telling you to adjust status.

Huh?

Are you in the US or Peru? If in the US, what sort of visa did you enter with?

Edited September 15, 2011 by JimVaPhuong

[Harpa Timsah 13,258]

I think the OP is in the US on an overstayed visa (it says "the risk of having to leave the US"). The LPR father petitioned them, but the overstay would have made them ineligible for a GC (no forgiveness for overstay for LPR). Now that the father is a citizen, they are hoping to file AOS and have overstay forgiven. That's my take anyway.

[limenaluv91 34]

I'm sorry for not being as clear as I needed to be. Okay, I am in the US not Peru. We were not issued a visa they sent us a letter saying that we needed to send payments for the visas. Apparently they did have a visa number available but we never paid therefore they never finished the case. Which connects to the fact that we didn't make he payment because a lawyer said that if we did the NVC would think we are in Peru and we'd have to return to receive our visas there and I'm guessing receive our GC at arrival in US. The lawyer said there was a risk of us being denied so it was best to wait until my dad (who filed for us as a legal permanent resident) became a us citizen. Now, my dad became a citizen last week and we were advised to send a copy of his naturalization certificate to NVC to upgrade the status. I called NVC to confirm and they told us that by doing that they'd send us an email stating they received the documents and we have to reply to the email stating that we provided that information to apply for adjustment of status, the lady then told me they'd upgrade our files and put it as'' pending'' and to contact USCIS because we fell into a higher priority since my dad became a citizen. I called USCIS and they asked me if I was in the US and I said yes. then they told me to file an I 485 with 1623 i864 etc.. And that when they received it they would do everything as adjustment of status and they'd contact NVC when necessary.

I know that when a PR petitions for a child the child has to wait for an available visa BUT my dad became a USC in which the case changes because children of USC do not have to wait for a visa... I hope his was a bit more clear

And to the other post I came here on a tourist visa not illegally, I did overstay my visa but I came legally if that answers any questions, I appreciate you guys for the responses!!!

[limenaluv91 34]

We don't really have to be forgiven, And we are eligible for a green card, it's just that for any little detail, if we did at that time pay the fees and leave country, they could've denied us. It almost happened to a friend from my county as well. So we didn't try that instead we waited until my dad became a citizen because citizen have more rights and those rights might apply to their children

[Harpa Timsah 13,258]

Your overstay would have made you ineligible for a GC - that is what you mean when they say "deny residency." That is the reason they would have denied you. That makes a lot of people ineligible. Now that your father is a USC, that will be "forgiven."

[limenaluv91 34]

Oh I was not aware of that

But thank you