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Renatus

Legal resident trough parents

By Renatus in Bringing Family Members of US Citizens to America

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Renatus Rookie

Renatus   2

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Hi there, I need help:

 

My mom is an US citizen, I did some research and it seems like I can apply trough family based category F1. Am I correct? I am single and over 21 years old.

Since I have been here unlawfully (overstayed) do I have to leave the US and be subject to the 10 year ban to become a legal resident trough her or I can apply here without leaving the US?

 

Thanks a lot!

Edited by Renatus
JFH Grand Master

JFH   12,191

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Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Where is your mother now?

 

 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Renatus Rookie

Renatus   2

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2 minutes ago, aaron2020 said:

What country are you from?

 

How old were you when you came and stayed in the US?

 

 

I am from Brazil, I was 20 years old when I arrived.

2 minutes ago, JFH said:

Where is your mother now?

 

 

She here in the US

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

Your USC mom can file an I-130 petition for you.  As long as you stay unmarried, you will be in the F1 family preference category, USC parent petitioning an unmarried child over age 21.  Currently, it takes about 7 years for the Priority Date in the F1 category from Brazil to become current and be eligible for an immigration benefit.

Since you are undocumented, you will need a waiver for your unlawful presence.  You will need an I-601a waiver if you remain inside the US. In about 7 years when you are eligible for an immigration benefit in the F1 category, you will need to return to Brazil for an immigration visa interview.  It would be best to have the I-601a waiver approved before you leave the US. 

If you leave the US without an I-601a waiver, you will be subject to the 10 years waiver and need an I-601 waiver.

Did you overstay a visa?

Boiler Grand Master

Boiler   45,979

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Filed: K-1 Visa Country: Wales
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Posted

I 601a only waives the over stay.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Did you enter lawfully?

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
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