Change of Status

[QuestionAsker75 0]

I am a F-1 student, at present I am in the US. I wish to apply for a green card. My father is a US Citizen, I cant apply for a US Passport because he was not physically present on US soil for the required time period before my birth. I was born in India and am a 25 year old unmarried male. In the process of applying for a status change from F-1 to the green card what documents must be presented and what precautions must be taken?

[SusieQQQ 11,587]

Can you back up one step, on what basis are you applying for a green card? If it is that your father is filing for you as an unmarried son or daughter over 21, you cannot adjust status until your priority date is current. At present, that takes about 6 or so years from filing. (Category is F1 family - not to be confused with F1 student)

pitfalls: If you fall out of lawful status at any point before your priorIty date is current, you will not be able to adjust status and will have to return home for consular processing. The other problem with falling out of status is a potential ban on entry (3 years ban for 180 days+ of unlawful presence, 10 years if a year or more; the ban period starts when you leave the US).

 

Also, is your father resident in the US currently?

Edited May 30, 2020 by SusieQQQ