usc mother petition unmarried son over 21

[chemunwong 0]

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.

thank you for your reply. this is very comprehensive and you answered my question.

[aleful 1,905]

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.

the age is because after the age of 18 you started accruing illegal presence, nothing to do with daca, but until you received daca, and after the age of 18 you've had illegal presence in the country, you will have your interview at your country of origin, and need of the hardship waiver.

there are no new laws for now, that is a general statement, but then you have to research about the requirements of the category you fit in.

[jan22 3,064]

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.

Actually, the brochure does not say you could file the I-485.....it says you "may be able to file". The key difference is the verb -- the way it's used here "may" means it might be possible -- no guarantees. Someone may file if they meet all of the criteria for doing so. You do not.