Adjustment of Status

[Cristiano1 0]

I came to the United States on F1 (Student Visa) in 2015 and I graduated from school then I got OPT 
(Optional Practical Training) and I got Employment Authorization Card and I am working legally right now.
On the other hand, my Dad is a permanent resident (Green Card Holder) and he applied an I-130 (Petition for Alien Relative) 
for me in 2011 and the application is with the NVC (National Visa Center) right now.
The NVC sent me an Email mentioned that I can start collecting my papers and pay the fees and complete online
forms to follow 6 steps.
My Priority Date now follow the table for filing visa applications Not the final action dates table in the 
Visa Bulletin so I still have a couple of months to apply.
I have 2 options now:
1) Adjustment of Status
2) Consular Processing
Since I am physically present in the United States I want to apply for Adjustment of Status.
My Dad is the Petitioner and I am the Principal Applicant.
My question is for my interview for Adjustment of Status:
should my dad come to the interview with me? or is it optional?

On the other hand, my Dad is not physically present in the United States and he had been in my country 
(Out of the United States) for more than 5 years, I know that he has not to leave the United States for more than
6 months but he had some health condition and he had to go to a hospital in my country,
My question, is that effect the process of Adjustment of Status? If yes what can he do to avoid that?
and he didn't file for Taxes for the last 5 years because he didn't work in the United States at all,
Is the Taxes issue related to the Adjustment of Status? If yes what can he do to avoid that?
I know that they may stop him when he comes back to the United States, what should he do to avoid that?
If there is any suggestion that would help please advise me?
 

[aleful 1,905]

hi

 

has he had his health condition all these 5 years? was it impossible for him to fly to the US at all times? can he prove that he is so sick that he can't return to the US? if so he will have to recover his GC and move to the US before you can file for adjustment of status

 

if not, then sorry to say that you can't adjust status because you don't have a petition anymore, since your dad was a LPR but hasn't been living in the country for 5 years, he already lost his LPR status. the green card is for living in country, after 1 year of not living here, he looses his residency status. he decided to abandon his residency by living abroad

 

the reason that immigration has continued so far the communication is because they haven't been notified of this abandonment

 

he has to be living here in the US, have a US address, filed taxes and be with you at the interview. plus, the whole reason for a petition is for family reunification, to bring you to the US where he lives, to reunite family, if he isn't living here, what's to reunite?

Edited July 2, 2017 by aleful

[Lain 64]

18 minutes ago, Cristiano1 said:

I came to the United States on F1 (Student Visa) in 2015 and I graduated from school then I got OPT 
(Optional Practical Training) and I got Employment Authorization Card and I am working legally right now.
On the other hand, my Dad is a permanent resident (Green Card Holder) and he applied an I-130 (Petition for Alien Relative) 
for me in 2011 and the application is with the NVC (National Visa Center) right now.
The NVC sent me an Email mentioned that I can start collecting my papers and pay the fees and complete online
forms to follow 6 steps.
My Priority Date now follow the table for filing visa applications Not the final action dates table in the 
Visa Bulletin so I still have a couple of months to apply.
I have 2 options now:
1) Adjustment of Status
2) Consular Processing
Since I am physically present in the United States I want to apply for Adjustment of Status.
My Dad is the Petitioner and I am the Principal Applicant.
My question is for my interview for Adjustment of Status:
should my dad come to the interview with me? or is it optional?

On the other hand, my Dad is not physically present in the United States and he had been in my country 
(Out of the United States) for more than 5 years, I know that he has not to leave the United States for more than
6 months but he had some health condition and he had to go to a hospital in my country,
My question, is that effect the process of Adjustment of Status? If yes what can he do to avoid that?
and he didn't file for Taxes for the last 5 years because he didn't work in the United States at all,
Is the Taxes issue related to the Adjustment of Status? If yes what can he do to avoid that?
I know that they may stop him when he comes back to the United States, what should he do to avoid that?
If there is any suggestion that would help please advise me?
 

Your dad had to become US citizen and then to leave the country, now he voided his GC. Most likely, that visa for you will be denied. You better consult with a lawyer.

[sumranbi 12]

Also, they are not using the date for filing chart. 

[Cristiano1 0]

20 hours ago, aleful said:

hi

 

has he had his health condition all these 5 years? was it impossible for him to fly to the US at all times? can he prove that he is so sick that he can't return to the US? if so he will have to recover his GC and move to the US before you can file for adjustment of status

 

if not, then sorry to say that you can't adjust status because you don't have a petition anymore, since your dad was a LPR but hasn't been living in the country for 5 years, he already lost his LPR status. the green card is for living in country, after 1 year of not living here, he looses his residency status. he decided to abandon his residency by living abroad

 

the reason that immigration has continued so far the communication is because they haven't been notified of this abandonment

 

he has to be living here in the US, have a US address, filed taxes and be with you at the interview. plus, the whole reason for a petition is for family reunification, to bring you to the US where he lives, to reunite family, if he isn't living here, what's to reunite?

So, If my dad come back to the United States
Can he files for Taxes for the last 5 years and return his LPR?
since he is over 65 years old, is that can be an excuse? and he did not work at all in the United States
I know they may stop him in the Airport, but I want to know what is the possibilities that could happen to him and what options that he can do to avoid that?

Thank you very much for your time and consideration

[Cristiano1 0]

20 hours ago, Lain said:

Your dad had to become US citizen and then to leave the country, now he voided his GC. Most likely, that visa for you will be denied. You better consult with a lawyer.

I understand that.
Sure I will hire an Immigration Attorney but I need a good one that can give me a smart solution to my case
Do you know what my dad should do to avoid denial of GC?

Thank You Very Much

[Lain 64]

5 hours ago, Cristiano1 said:

I understand that.
Sure I will hire an Immigration Attorney but I need a good one that can give me a smart solution to my case
Do you know what my dad should do to avoid denial of GC?

Thank You Very Much

He can't do anything now, cause it's up all to immigration officers at the POE. He didn't work in US, didn't file taxes and didn't live there. So there are no chances, that he'll be able to keep his GC, but as I said before get a smart lawyer, sometimes miracles happens.