Green Card Requirements (merged)

[deepm123 3]

Hi All

I am 21 years old and my parents received their Green card recently.

What is the process and timelines for them to sponsor me or apply for green card for me.

 

 

Thanks so much

 

Regards

Deep

[Boiler 46,109]

Basically they file an I 130, assuming you are not married. How did they get their Green Cards, probably the same process.

[SusieQQQ 11,587]

They sponsor you, you remain unmarried, and wait, it’s usually around 7 years for over 21 assuming you aren’t from Philippines or Mexico.

Edited February 8, 2019 by SusieQQQ

[deepm123 3]

Just now, SusieQQQ said:

How old are you?

Turned 21 years old last year

[Boiler 46,109]

1 minute ago, SusieQQQ said:

How old are you?

21 so a long wait, assuming not married.

[deepm123 3]

Just now, Boiler said:

21 so a long wait, assuming not married.

Not Married:(

[SusieQQQ 11,587]

1 minute ago, deepm123 said:

Turned 21 years old last year

Sorry I saw you said that in your first post and edited my answer accordingly-

 

They sponsor you, you remain unmarried, and wait, it’s usually around 7 years for over 21 assuming you aren’t from Philippines or Mexico.

Edited February 8, 2019 by SusieQQQ

[deepm123 3]

 Let me share some background information  I came to the U.S. in December 2005 on a H-4 (dependent) visa.I have completed schoolingschooling in the U.S. starting from 3rd grade up until my undergraduate degree. I fell out of my H-4 dependency visa the day I turned 21 (September 2017).As I approached the age of 21, I applied for a student F-1 visa which got denied. This happened because the USCIS calculated from September 2017 to May 2018, me having no status in the U.S.To get on another Visa status, you should have one valid backup status which I clearly did not have. We sent a motion to re-open my case for F-1 student visa (June 2018) for which till date, there is no responseIn the meantime, my father's green card priority date became current in July 2018. He went ahead and applied for me taking a chance, which today got denied, because of the reason of me being over the age of 21. My parents have been granted US green card but I was rejected. Fortunately I completed Computer science engineering from US in Dec 2018. 

5 minutes ago, Boiler said:

Basically they file an I 130, assuming you are not married. How did they get their Green Cards, probably the same process.

 

[Boiler 46,109]

So you aged out from a H1b, and you have to be in status to adjust status.

 

And left in May 2018 so would have a 3 year ban, not that that matters as it will take much longer than that for your Parents to petition you.

[deepm123 3]

Hi All

 

Let me share some background information 

 

I came to the U.S. in December 2005 on a H-4 (dependent) visa.I have completed schooling in the U.S. starting from 3rd grade up until my undergraduate degree.

 

I fell out of my H-4 dependency visa the day I turned 21 (September 2017).As I approached the age of 21, I applied for a student F-1 visa which got denied. This happened because the USCIS calculated from September 2017 to May 2018, me having no status in the U.S.

 

To get on another Visa status, you should have one valid backup status which I clearly did not have.

We sent a motion to re-open my case for F-1 student visa (June 2018) for which till date, there is no responseIn the meantime, my father's green card priority date became current in July 2018. He went ahead and applied for me taking a chance, which today got denied, because of the reason of me being over the age of 21.

 

My parents have been granted US green card but I was rejected.

Fortunately I completed Computer science engineering from US in Dec 2018.

 

What are my options as I am in distress.

 

Thanks  D

[deepm123 3]

10 minutes ago, SusieQQQ said:

Sorry I saw you said that in your first post and edited my answer accordingly-

 

They sponsor you, you remain unmarried, and wait, it’s usually around 7 years for over 21 assuming you aren’t from Philippines or Mexico.

From India 

[deepm123 3]

5 minutes ago, Boiler said:

So you aged out from a H1b, and you have to be in status to adjust status.

 

And left in May 2018 so would have a 3 year ban, not that that matters as it will take much longer than that for your Parents to petition you.

I don't think I have a ban as letter of my green card outcome said : Your authorised stay as non immigrant has not yet expired. You are authorised to stay in US until that date or valid extension thereof.

16 minutes ago, SusieQQQ said:

Sorry I saw you said that in your first post and edited my answer accordingly-

 

They sponsor you, you remain unmarried, and wait, it’s usually around 7 years for over 21 assuming you aren’t from Philippines or Mexico.

I am from India

[Crazy Cat 42,298]

 

[SusieQQQ 11,587]

20 minutes ago, deepm123 said:

I don't think I have a ban as letter of my green card outcome said : Your authorised stay as non immigrant has not yet expired. You are authorised to stay in US until that date or valid extension thereof.

I am from India

There is a difference between authorized stay and being in status. If you read the uscis documentation on change of status, it makes this clear. It also makes clear that if the change is denied, your overstay dates back to the end of your original authorized stay. From what I can make out from what you have said (a bit difficult to follow as there is a lot of stuff not relevant to the immigration picture such as what you studied) you don’t currently have a status.  

 

Also, your current application in process is for F1 but you have finished your studies? So there is no basis to actually become F1 even if granted now? Or did I misunderstand something in this? Short version: what status are you now expecting to become if uscis approves?

 

 

Edited February 8, 2019 by SusieQQQ

[Boiler 46,109]

Where are you now?

 

Did you go home?