citizen filling for children residency

[miriene 0]

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.

Thank You for the reply,

Yes, i am aware of the consequences of changing the application from children of LPR to children citizen. But I am still thinking about what to do, I am not doing anything yet.

[Boiler 46,165]

It would be for your Parent to do.

There is a waiver btw.

[aaron2020 11,651]

It would be for your Parent to do.

There is a waiver btw.

Which one?

Adult children are not Immediate Relatives.

How would you suggest adult children show a hardship to a US citizen parent to meet the requirement of any waiver (if filing is even possible)?

Edited April 26, 2012 by aaron2020

[Boiler 46,165]

Which one?

I601

Adult children are not Immediate Relatives.

True

How would you suggest adult children show a hardship to a US citizen parent to meet the requirement of any waiver (if filing is even possible.

That is the tricky one, it has been done. Primary care give might be one. But not something you can invent, very much depends on the circumstances.

[JimVaPhuong 4,863]

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?

Boiler was generalizing.

INA 245 lays out the general requirements for adjustment of status:

1. The alien was inspected and admitted or paroled into the United States.

2. The alien makes an application to adjust status.

3. The alien is eligible to receive an immigrant visa and is not inadmissible to the United States.

4. A visa number is immediately available for the alien.

5. The alien has maintained their non-immigrant status.

6. The alien has not worked in the United States without authorization.

The last two requirements are waived for someone who qualifies as an immediate relative of a US citizen. The OP is no longer an immediate relative, and is now in a family preference category. They have not maintained their non-immigrant status, so they aren't eligible to adjust status even if their priority date is current.

[NevermindVz 51]

Boiler was generalizing.

INA 245 lays out the general requirements for adjustment of status:

1. The alien was inspected and admitted or paroled into the United States.

2. The alien makes an application to adjust status.

3. The alien is eligible to receive an immigrant visa and is not inadmissible to the United States.

4. A visa number is immediately available for the alien.

5. The alien has maintained their non-immigrant status.

6. The alien has not worked in the United States without authorization.

The last two requirements are waived for someone who qualifies as an immediate relative of a US citizen. The OP is no longer an immediate relative, and is now in a family preference category. They have not maintained their non-immigrant status, so they aren't eligible to adjust status even if their priority date is current.

Thank you for the explanation JimVaPhuong!