USC father to assist with AOS for daughter who enter US on B2 (merged)

[romiabrown15 0]

Im currently in the US from Jamaica on a visitors visa.  I got a waiver for inadmissibility.  

(212 (D) ( 3) (A) (I): 212(A) (2)(A)(I) (I). 212(A(

My dad is a US citizen and wants to help me adjust my status. My dad is very old and sickly and need me to help care for him. I was thinking of him helping me through an extreme hardship petetion

 

[romiabrown15 0]

Im currently in the US from Jamaica on a visitors visa.  I got a waiver for inadmissibility.  

(212 (D) ( 3) (A) (I): 212(A) (2)(A)(I) (I). 212(A(

My dad is a US citizen and wants to help me adjust my status. My dad is very old and sickly and need me to help care for him. I was thinking of him helping me through an extreme hardship petetion

 

[NigeriaorBust 4,087]

How old are you and has he even filed a petition yet.  If you are over 21 and there is no petition filed there is no path to a visa for a long time

[romiabrown15 0]

2 minutes ago, NigeriaorBust said:

How old are you and has he even filed a petition yet.  If you are over 21 and there is no petition filed there is no path to a visa for a long time

Why

[NigeriaorBust 4,087]

 Adjustment of status immediately is only available to those that have an immediately available and that is not the case for people over 21.

[aleful 1,905]

children over 21 don't qualify to adjust status in country, they have to wait the petition in their country of origin

 

you can return to you country because the wait is over 7 years, you will be denied, you will have to file the waiver and your dad the hardship letter

 

 

[Penguin_ie 5,994]

A visitor's visa only lasts a year, if you are an adult, then you will be waiting about 7 years until your priority date via your dad is current, so you cannot stay in the USA that long; extreme hardship cannot get around the priority date waiting. If he is older, maybe look into him moving back to Jamaica with you, where healthcare is cheaper too?

[Unlockable 7,314]

USCIS has to draw a line somewhere for parents petitioning children. And at 21 you are considered an adult. You can take care of yourself so to speak. So after 21 your priority drops and the wait is much longer than a 10 year old who is still in school.

 

If you stay here for the years it will take before your priority date comes (about 7 years), you will have overstayed and incurred a 10 year ban. You said you just got a waiver for inadmissibility and if you overstay your visa it will make things even harder for you for ANY immigration process  in the future.

 

A couple of options is to care for your father in Jamaica or find care for him in the US.

[Transborderwife 4,666]

As others have stated, it's not possible 

[Jawaree 717]

Well if you get an atty that specializes in this try, however it will be

very hard & long, why were you inadmissible, causing you to apply

for D3 waiver, you are also an adult...I do know someone waiver who were

inadmissible for previous overstay  (as a kid) obtain a D3, and was

successful in obtaining a F1 visa here...Its not easy to adjust on D3 waivers

[NigeriaorBust 4,087]

 If your father is old and sickly it may be unlikely that he would live long enough for your petition to become current and you will not be able to return to the US for overstaying , nor would you ever get valid status in the US.  The best plan if you want to stay in the US long term is to have him file for you and continue to use your visitors visa to come be with him .  If he is well enough to travel he could spend time with you back in Jamaica during the periods you are out of the US 

[Boiler 45,541]

Could he move to you?