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Filed: Country: Brazil
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Posted

Hi,

My father applied for residency for my brother, my sister and I while he was still a resident. Now he is becoming a citizen and we would like to change our application from children of resident to children of citizen. How can we do that? Also I would like to know if we will be able to adjust status here in the US, since we all came with a visa. We are all over 21 years old but came with visas in which are now expired. I heard about a new law that was made recently that protects children and spouses of citizens. Please help me

Filed: K-1 Visa Country: Wales
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Posted

Only Immediate Relatives can adjust in country.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: FB-1 Visa Country: Venezuela
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Posted (edited)
  On 4/26/2012 at 6:28 PM, Boiler said:

Only Immediate Relatives can adjust in country.

If his father is petitioning him, isn't he then considered an immediate relative?

miriene, from what I understand, you can adjust status in the US as long as you have a valid visa to stay in the country. We have some F1-category members (unmarried son/daughters of US citizens) who are in the US and will be doing AOS once the priority date becomes current. I don't know about your particular case with the expired visa though, but hopefully someone else will chime in.

Edited by NevermindVz

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Filed: K-1 Visa Country: Wales
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Posted

No

To adjust in country you have to have a status to adjust from.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: FB-1 Visa Country: Venezuela
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Posted (edited)
  On 4/26/2012 at 7:21 PM, Boiler said:

No

To adjust in country you have to have a status to adjust from.

Well, that's exactly what I said above. I just pointed out that a son is an immediate relative. He might be out of status and not able to AOS, but he's still an immediate relative of his father by definition.

Edited by NevermindVz

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Filed: K-1 Visa Country: Wales
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Posted
  On 4/26/2012 at 7:23 PM, NevermindVz said:

but he's still an immediate relative of his father by definition.

Would you care to quote the INA section to support your comment?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Argentina
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Posted (edited)
  On 4/26/2012 at 7:23 PM, NevermindVz said:

Well, that's exactly what I said above. I just pointed out that a son is an immediate relative. He might be out of status and not able to AOS, but he's still an immediate relative of his father by definition.

no they aren't to be immediate family, the children have to be under 21 at the time that the father becomes a USC. the children all are over 21, you will only change category to F1 from F2B. F1 is children over 21, unmarried of a USC. the category has years of waiting time.

it depends on when are your priority dates and from what country are you from. they cannot adjust in country,they will all go through consular processing, be denied, and have to file the waiver and father the hardship letter.

Edited by aleful
Filed: FB-1 Visa Country: Venezuela
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Posted (edited)
  On 4/26/2012 at 7:54 PM, aleful said:

no they aren't to be immediate family, the children have to be under 21 at the time that the father becomes a USC. the children all are over 21, you will only change category to F1 from F2B. F1 is children over 21, unmarried of a USC. the category has years of waiting time.

it depends on when are your priority dates and from what country are you from. they cannot adjust in country,they will all go through consular processing, be denied, and have to file the waiver and father the hardship letter.

Thank you for the detailed explanation aleful. Hopefully it will help others reading this post as it helped me.

I thought the term immediate family included siblings, son/daughters, and parents. While non-immediate family were relationships like cousins, nephews, etc. Now I know that the immediate family definition applies only to sons/daughters under 21.

Edited by NevermindVz

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Filed: Country: Vietnam (no flag)
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Posted (edited)
  On 4/26/2012 at 7:23 PM, NevermindVz said:

Well, that's exactly what I said above. I just pointed out that a son is an immediate relative. He might be out of status and not able to AOS, but he's still an immediate relative of his father by definition.

Yes, in common everyday usage, he is his father's immediate relative. However, the term "Immediate Relative" has a very specific meaning when applying for an immigration benefit.

To be his father's Immediate Relative for immigration purposes, he would need to be unmarried and under age 21. A child over 21 is NEVER EVER an Immediate Relative of his father for immigration purposes.

The OP stated that all of them are over age 21. They are not their father's Immediate Relative for immigration purposes.

You are wrong.

Edited by aaron2020
Filed: FB-1 Visa Country: Venezuela
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Posted
  On 4/26/2012 at 8:10 PM, aaron2020 said:

Yes, in common everyday usage, he is his father's immediate relative. However, the term "Immediate Relative" has a very specific meaning when applying for an immigration benefit.

To be his father's Immediate Relative for immigration purposes, he would need to be unmarried and under age 21. A child over 21 is NEVER EVER an Immediate Relative of his father for immigration purposes.

The OP stated that all of them are over age 21. They are not their father's Immediate Relative for immigration purposes.

You are wrong.

Thank you for the clarification. My mistake for mixing the common definition with the immigration definition. Funny that I know this in practice (my under 21 siblings got permanent residency along with my parents, while I, over 21, have to wait in F1 category) but I wasn't aware at all of the exact definition of the term.

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Filed: Country: Vietnam (no flag)
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Posted
  On 4/26/2012 at 6:20 PM, miriene said:

Hi,

My father applied for residency for my brother, my sister and I while he was still a resident. Now he is becoming a citizen and we would like to change our application from children of resident to children of citizen. How can we do that? Also I would like to know if we will be able to adjust status here in the US, since we all came with a visa. We are all over 21 years old but came with visas in which are now expired. I heard about a new law that was made recently that protects children and spouses of citizens. Please help me

Go get a lawyer.

You are essentially non-immigrant visa overstays. You are not the Immediate Relative of a US citizen because do not meet the legal definition of an Immediate Relative. You are not an unmarried child under age 21 of a US citizen parent. You are over 21 which puts you in the family preference categories.

Waivers to forgive unlawful presence in the US only apply to the Immediate Relative of a US citizen. It does not apply to other relatives.

There is no new law that will help you. The recent directive from Obama to allow illegal immigrants to have their waiver requests handle while inside the US does not apply to you because you do not qualify for a waiver.

Go get a lawyer. You and your siblings have abused your non-immigrant visas. You are adults. You will find that violating US immigration laws when you had a legal way to immigrate to the US was an very bad plan, and you will have to suffer the consequences of making bad choices.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
  On 4/26/2012 at 8:09 PM, NevermindVz said:

Thank you for the detailed explanation aleful. Hopefully it will help others reading this post as it helped me.

I thought the term immediate family included siblings, son/daughters, and parents. While non-immediate family were relationships like cousins, nephews, etc. Now I know that the immediate family definition applies only to sons/daughters under 21.

yeah,

for immigration purposes, a USC cannot file for cousins, uncles, aunts, grandparents, nieces or nephew, there are no petitions for extended family.

immediate relatives are those who don't have to wait years, such as children under 21 that entered legally, parents and spouses.

the rest, have to wait and aren't immediate family.

I understand, my USC mom filed for me and I was in the F1 Category as an unmarried child over 21 of a USC.I filed divorced and that's why I was considered unmarried. This was under the 245i law, I waited 5 1/2 years to get my GC in January of 2005 and in 2010 I became a USC.

Filed: FB-1 Visa Country: Venezuela
Timeline
Posted

But again, is it so that "only immediate relatives can adjust in country"?

From what I've gathered from the explanations, non-immediate relatives (family categories, F1 and such) can adjust status in the country, as long as they have a valid status in the US (work visa, student visa, etc) and have always stayed legally in the country, correct?

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Filed: Country: Brazil
Timeline
Posted

Thank you very much everybody for the replies. I already contacted a lawyer but he refused to help me, since he said there is no way i could adjust in country. But i would like to go ahead and change my application from children of Permanent Resident to children of Citizen. If anybody knows, please help

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)
  On 4/26/2012 at 8:59 PM, miriene said:

Thank you very much everybody for the replies. I already contacted a lawyer but he refused to help me, since he said there is no way i could adjust in country. But i would like to go ahead and change my application from children of Permanent Resident to children of Citizen. If anybody knows, please help

Have your father send in a COPY (DO NOT SEND THE ORIGINAL) of his US passport or Certificate of Naturalization to update the cases.

The lawyer is not refusing to help you. The lawyer is being honest by telling you that there is nothing he can do to help you. You can always find a crooked lawyer who will tell you what you want.

What are your plans after your father update the petitions for you and your siblings? How is that going to overcome the fact that you and your siblings will not be able to adjust based on the petitions he filed? Do you realize that all of you will need to return home to interview for your immigration visas? Do you realize that means you each will get a 10 years ban from the US? Do you realize that there will be no waivers for that? Do you realize that updating the case from LPR petitioner father to US citizen petitioner father does not change the fact you cannot adjust in the US?

At this point, the only way for you and your siblings to become legal in the US is to marry US citizens.

Edited by aaron2020
 
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