Some questions about being sponsored by parents

[nignog1 0]

Greetings,

First let me give you some of my background to get you up to speed.

I am Canadian. My parents are both US residents and legal US citizens through naturalization.

I came to US to visit last summer and after being about a month over stayed (due to personal medical reasons I will not divulge), we have filed an I-130 petition so that I can stay here permanently. I am healthy again now but I like it here and do not wish to go back to Canada.

In July I plan to go back to Canada just to grab my belongings.

My questions:

When can I file an adjustment of status?

Am I still considered an over stay, now that I have a case pending?

What are the chances they will not let me back in the US when I go back to collect my things in Canada?

Also, assuming everything is in order, and gets approved, how long will it take approximately before I can work, get drivers license, etc.?

How long is the entire process, is there a flowchart somewhere? (I couldn't find one!)

Thank you in advance.

[kzielu 1,149]

How old are you ? If you're above 21 , you have many years of wait and any illegal presence will make you ineligible for adjustment of status.

[aleful 1,905]

hi

how old are you? if you are over 21, return immediately to Canada, overstay is not forgiven for children over 21, you cannot adjust status in the US,

in the case that you are over 21, you will go through consular processing and the process takes over 7 years

so the big question is how old are you?

[belinda63 3,047]

If you are over or under 21 will make a big difference in the answers to your questions.

1. The I-130 gives you no status nor right to remain in the US. If you have overstayed less than 180 days you will have a 3 year ban when you leave the US. If you overstayed by more than 180 days it will be a 10 year ban. So if you leave the US in July (assuming you are over 21 or under 21 and have not filed AOS and received your AP) you will need to do consular processing and file a waiver for the overstay.

2. When and if you can file to adjust status depends on your age.

3 Yes, you are out of status and subject to immigration action. Again filing the I-130 confers no right to remain in the US.

4. Very good

5. Depends over or under 21.

6 Depends on over or under 21

[nignog1 0]

Thank you all. I should have mentioned, I am 19 (will be 20 next month).

My understanding was that I have to overstay 180 days or greater to get the 3 year ban, then over 1 year it's the 10 year ban. Has this changed? Can you link me to that information?

Thanks again.

[belinda63 3,047]

My bad: between 180 days and 365 days 3 year ban. More than 365 days 10 year ban.

What needs to happen now is you have the medical exam with a civil surgeon and follow the guide for filing the I-485. DO NOT leave the US until you receive your AP document.