usc mother petition unmarried son over 21

[chemunwong 0]

Hello everyone,

I tried search in this thread regarding my matter, but I did not find any. Therefore I start this post.

My US citizen mother wants to petition a green card for me (over 21). I understand I am in the F-1 family sponsored preference category which will take at least 6 years of wait time.

Currently I am out of status because I overstayed my visitor visa. Also currently I am in the process of applying Deferred action for childhood arrivals (temporary relief).

My question is: because I am already in the US and had a legal entry with my I-94 and visitor visa. Can we(me and my mother) submit the I-130 and I-485 together?

The reason I ask this because I understand this circumstance of submitting I-130 & I-485 together only applies to immidiete relative who don't have to wait for a visa, but I am thrown off by the wording according to this brochure on http://www.uscis.gov/USCIS/Resources/A1en.pdf (page 2, HOW DO I FILE? #2) it indicates that If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition.

Anyone familiar with this situation, please share your experience with me. Thanks.

[apple21 953]

How long have you been overstaying?

[Boiler 46,141]

You need to be in status to adjust it.

[NigeriaorBust 4,087]

AOS only applies to those that are in country when their visa number is available. You have 6 years to wait and laws may change by then.

[chemunwong 0]

So regardless of the wait time/visa availability which I am aware of. But I want to know that if we can submit both I-130 & I-485 concurrently? Seeing my situation that I am already in the US.

Edited October 23, 2013 by chemunwong

[NigeriaorBust 4,087]

NO

[aleful 1,905]

hi,

no, you don't qualify to adjust status in the US, the law is made for you to wait in your country, you will have your interview via consular processing

how long have you been out of status? if not too long, you should return immediately to your country. if it has been under 6 months you won't need to file a waiver and your mother do the hardship letter

you have 7 years of waiting, you aren't considered immediate relative, such as children under 21 of a USC, so no filing concurrently.

[chemunwong 0]

hi,

no, you don't qualify to adjust status in the US, the law is made for you to wait in your country, you will have your interview via consular processing

how long have you been out of status? if not too long, you should return immediately to your country. if it has been under 6 months you won't need to file a waiver and your mother do the hardship letter

you have 7 years of waiting, you aren't considered immediate relative, such as children under 21 of a USC, so no filing concurrently.

Thanks for responding. If I get approved for DACA, I wouldn't have to go back to my country though because that will provide me a temporarily relief. And at the same time I can wait out until my I-130 is approved.

It is also interesting how misleading the official brochure from USCIS that I posted above. It clearly state that if the beneficiary relative (it didn't say immediate relative) is already in the US then he/she could file the I-485 together with I-130.

Edited October 23, 2013 by chemunwong

[NINA80 9]

You can only adjusted your status through. Marriage to a u.s citizen. There is no point for your mother to file for you. It will be only a waist of time and money.

[loudoff 25]

I would suggest you to discuss your case with an experience attorney. There are some provisions that might apply to your case this including if you have applied for an immigration petition or what year your mother applied for green card and if she had included you in her petition, etc. I think you should talk to a lawyer if there are any sections of laws that apply to your case since you are already in U.S. and are in the process of DACA.

Edited October 24, 2013 by loudoff

[aleful 1,905]

Thanks for responding. If I get approved for DACA, I wouldn't have to go back to my country though because that will provide me a temporarily relief. And at the same time I can wait out until my I-130 is approved.

It is also interesting how misleading the official brochure from USCIS that I posted above. It clearly state that if the beneficiary relative (it didn't say immediate relative) is already in the US then he/she could file the I-485 together with I-130.

not true for now,

daca isn't a pathway to residency.

you cannot file concurrently because you aren't an immediate relative and have many years of waiting, around 7 years. concurrent filers will get their GC in a matter of months

they are 2 separate processes, because you have been illegally in the country after your were 18, you will adjust status in your country, these are the current laws, you have accrued illegal presence all these years, that isn't erased with daca

many things can happen In all those years of waiting, the immigration reform can be approved, laws can change. I can only tell you what is current.

your mother can file an i130 if she wants to, but probably there are better options.

[chemunwong 0]

not true for now,

daca isn't a pathway to residency.

you cannot file concurrently because you aren't an immediate relative and have many years of waiting, around 7 years. concurrent filers will get their GC in a matter of months

they are 2 separate processes, because you have been illegally in the country after your were 18, you will adjust status in your country, these are the current laws, you have accrued illegal presence all these years, that isn't erased with daca

many things can happen In all those years of waiting, the immigration reform can be approved, laws can change. I can only tell you what is current.

your mother can file an i130 if she wants to, but probably there are better options.

that's why i said daca is a temporarily relief for me. i came here before i was 16 and why im qualified for daca (not after 18, i dont know where you get that).

regardless i was advised by an attorney that i should file for the I-130 which I am planning to do it myself.

now back to my original post, I read from the USCIS brochure saying that filling for I-130 if the relative is already in the US(entered legally, I have visa and I-94), he/she may file the I-485 together. (please refer back to my original post) that is why I created this thread to ask if anyone familiar with this.... should I file I-130 and I-1485 concurrently and what does it mean? does it mean that my I-1485 will be docketed in USCIS system for 6 years until my I-130 approved or whatnot?

as it appeared that people who reply to my question here seem to against filing it together because i am not immediate relative, i get that. all i am saying is that the brochure is misleading or perhaps it is some new rule who knows. if i find anything regarding this i shall keep you guys posted here.

[chemunwong 0]

I would suggest you to discuss your case with an experience attorney. There are some provisions that might apply to your case this including if you have applied for an immigration petition or what year your mother applied for green card and if she had included you in her petition, etc. I think you should talk to a lawyer if there are any sections of laws that apply to your case since you are already in U.S. and are in the process of DACA.

when she got her green card i was already over 21 therefore at the time she did not petition a green card for me because of long wait time it was before the USCIS visa overhaul.

[Boiler 46,141]

It says may, read it again.

[belinda63 3,047]

You, being an adult child, must wait for a visa number to become available. There is not one currently available for your category. You are NOT in the category of an immediate relative, you are in the F1 category which must wait for a visa number to become available. Therefore you cannot file the I-485 concurrently. You MUST be in legal status in the US when the visa number becomes available if you wish to file the I-485. If you are not in legal status you will have to return to your country and process there. You have already accrued overstay so a waiver will be needed. This means your US citizen parent will have to show how it will be a hardship on them if you are not permitted to immigrate.

You cannot file the I-485 until your I-130 is approved AND your visa number is current.