US citizen son seeking for Permanent Residence

[Diego Salinas 0]

I came to the US on a Tourist/Waiver Visa one year ago and overstay now around for 5 months, I acknowledge my father is a US citizen a couple months ago. He has his US documents but he lives in Mexico. I have non-expired Chilean/Mexican visa/passports. Should I apply for adjustment of status being in here or wait to return on train for not getting passport checked and do my Permanent Residence application in Mexico? Any answers are very appreciated. 

[Chancy 6,243]

11 minutes ago, Diego Salinas said:

I came to the US on a Tourist/Waiver Visa one year ago and overstay now around for 5 months, I acknowledge my father is a US citizen a couple months ago. He has his US documents but he lives in Mexico.

 

Are you younger than 21 yrs old?  Are you single?  Does your father intend to relocate to the US?

 

Edited January 27, 2021 by Chancy

[NigeriaorBust 4,087]

 Why do you think you can apply for adjustment of status ?   Was your Father born a US citizen or did he acquire his citizenship.  How long did he live in the US 

[NancyNguyen 1,658]

20 minutes ago, Diego Salinas said:

I came to the US on a Tourist/Waiver Visa one year ago and overstay now around for 5 months, I acknowledge my father is a US citizen a couple months ago. He has his US documents but he lives in Mexico. I have non-expired Chilean/Mexican visa/passports. Should I apply for adjustment of status being in here or wait to return on train for not getting passport checked and do my Permanent Residence application in Mexico? Any answers are very appreciated. 

There is no way you can adjust status in the US. You need to leave before the 3 year ban kick in (180 days) Actually you need to leave with some means that the US knows you leave before 3 year ban period. 

[JFH 12,191]

Green cards for family members are for the purpose of family reunification. If your father lives in Mexico he cannot petition for you. He needs to be living in the US. 
 

Aside from that if you are over 21 you cannot adjust status as you are out of status. Being out of status is only forgiven for children (under 21), parents and spouses of USCs. But not adult children. 

[JFH 12,191]

And if you arrived on the VWP a year ago your overstay is around 9 months now. The VWP only grants 90 days per admission. 

[pablo2752 106]

Even if your father is in the US, because you are not ( I assume you are over 21?) "immediate relative" from immigration purposes, you can't apply for AOS.  Also, it's a really bad idea to do AOS after coming with VWP>.

Edited January 27, 2021 by pablo2752

[Diego Salinas 0]

1 hour ago, Chancy said:

 

Are you younger than 21 yrs old?  Are you single?  Does your father intend to relocate to the US?

 

I have 27 years and I am not married. My father does not want to relocate to the US but he's willing to file, pay and come for any necessary procedures.

[SusieQQQ 11,587]

9 minutes ago, Diego Salinas said:

I have 27 years and I am not married. My father does not want to relocate to the US but he's willing to file, pay and come for any necessary procedures.

You cannot adjust status in that case, as you are out of status and not in an immediate relative category, and if your father will not relocate you cannot get a green card. Sorry. Suggest you leave  the US ASAP before you hit a year’s overstay and get a ten year ban. 

[NancyNguyen 1,658]

10 minutes ago, Diego Salinas said:

I have 27 years and I am not married. My father does not want to relocate to the US but he's willing to file, pay and come for any necessary procedures.

Then it is a no go. He can’t sponsor you without us domicile, plus you are out of status now. 

[aaron2020 11,651]

52 minutes ago, Diego Salinas said:

I have 27 years and I am not married. My father does not want to relocate to the US but he's willing to file, pay and come for any necessary procedures.

You can not adjust status in the US.  If your father petitions for you, it would be in the F1 category  (USC parent filing for an unmarried son over age 21) where the wait for a current Priority Date is about 7 years.  You would need to have a current Priority Date in order to immigrate to the US.  Furthermore, you would be to be admissible and your father would need to return to the US to live in order to be eligible for an immigration benefit when your PD becomes current.  Overstaying in the US makes you inadmissible.  

Edited January 27, 2021 by aaron2020

[Lucky2Lucky 2,526]

16 hours ago, Diego Salinas said:

I have 27 years and I am not married. My father does not want to relocate to the US but he's willing to file, pay and come for any necessary procedures.

The whole point is for family reunification-not an individual way to immigrate. If dad doesn't live in the states then there is no reunification in the states. I hope you take the advice of the above posters. Good luck.

[Crazy Cat 42,160]

17 hours ago, Diego Salinas said:

I have 27 years and I am not married. My father does not want to relocate to the US but he's willing to file, pay and come for any necessary procedures.

It doesn't work like that.  You are accruing more illegal presence every day.  You are approaching the 10 year ban area.  

[Boiler 45,982]

On 1/26/2021 at 6:41 PM, Diego Salinas said:

I came to the US on a Tourist/Waiver Visa one year ago and overstay now around for 5 months, I acknowledge my father is a US citizen a couple months ago. He has his US documents but he lives in Mexico. I have non-expired Chilean/Mexican visa/passports. Should I apply for adjustment of status being in here or wait to return on train for not getting passport checked and do my Permanent Residence application in Mexico? Any answers are very appreciated. 

Getting passport checked is irrelevant when entering on the VWP you needed a return or onward ticket and they know you did not use it.

 

Computers. 

Edited January 28, 2021 by Boiler