Immediate family member of a permanent resident

[Jaime Jones 0]

Me and my family came here into the United States when I was 12 years old, we have had 2 sisters born here, I am 18 as of writing this message I had my 18th birthday a few days ago, basically my biological father just filed my I-130 petition for alien relative on May 6th of this year out of a whim I decided to google the next steps after I-130 was approved I told my mother that we would have to hope the I-130 gets approved quickly then file the I-485 and I-765 because right now I can’t work or claim scholarships or do anything and she said I was “talking crazy” and the I-130 gives the green card. Long story short after more googling I have realized that even though the I-130 is approved the I-485  would be a dead end because my visa has long expired and it was also brought to my knowledge that my dad married another woman to get his permanent residence and when he was filing for his he didn’t file for mine with him which I have no idea why, basically I have no idea what to do they have a lawyer but I don’t trust that because they wouldn’t have been so sure the I-130 gave a green card if they had one. Where do I go from here, I have a girl who is the same age as me who is willing to marry me for papers, my parents of course would hate that idea but I don’t think they know what they are doing and it is my life that is being wasted right now I brought it up to her about what would happen since my dad hasn’t filed for citizenship and she said I should “pray and God will not deny us of anything”. I am just lost and tired.

[powerpuff 6,708]

How and when did your family come to the US in the first place? After you came your dad married some else?? A lot of information missing and story is unclear and all over the place. 
 

9 minutes ago, Jaime Jones said:

I have a girl who is the same age as me who is willing to marry me for papers,

That is a federal crime.

[Rocio0010 5,579]

Sorry, the whole case reeks of fraud, from your dad to you planning to get married with someone for “the papers”. 
I don’t think there’s much that can be done at this point. 
 

[Boiler 45,525]

God may not deny you anything but USCIS will.

 

I 18 1/2 and you will have a ban, so perhaps the plan is for you to leave before then and do Consular Processing.

 

Lots of important details missing.

[SalishSea 17,836]

2 hours ago, Jaime Jones said:

Me and my family came here into the United States when I was 12 years old, we have had 2 sisters born here, I am 18 as of writing this message I had my 18th birthday a few days ago, basically my biological father just filed my I-130 petition for alien relative on May 6th of this year out of a whim I decided to google the next steps after I-130 was approved I told my mother that we would have to hope the I-130 gets approved quickly then file the I-485 and I-765 because right now I can’t work or claim scholarships or do anything and she said I was “talking crazy” and the I-130 gives the green card. Long story short after more googling I have realized that even though the I-130 is approved the I-485  would be a dead end because my visa has long expired and it was also brought to my knowledge that my dad married another woman to get his permanent residence and when he was filing for his he didn’t file for mine with him which I have no idea why, basically I have no idea what to do they have a lawyer but I don’t trust that because they wouldn’t have been so sure the I-130 gave a green card if they had one. Where do I go from here, I have a girl who is the same age as me who is willing to marry me for papers, my parents of course would hate that idea but I don’t think they know what they are doing and it is my life that is being wasted right now I brought it up to her about what would happen since my dad hasn’t filed for citizenship and she said I should “pray and God will not deny us of anything”. I am just lost and tired.

If you care about your future, do not engage in immigration fraud.  

 

Have you looked into DACA?  

[SteveInBostonI130 3,459]

First, this is not a DIY case.

 

Second, consult several lawyers.  The one you referred in your post seems incompetent if he/she told your parents that the I-130 alone gives you a greencard.  The I-130 is only the first step in a multi-step process that results in permanent residency.

 

And you are correct, you cannot adjust status (I-485) if your parents are permanent residents and you have overstayed your original visa.

[Family 3,988]

2 hours ago, Jaime Jones said:

what would happen since my dad hasn’t filed for citizenship and she said I should “pray and God will not deny us of anything”. I am just lost and tired.

You are young and smart enough to do some research and ask questions . Things are not as dark and dreary as you think. 

Parent’s divorcing sucks green eggs, no matter the age. “ Biological father” reference sounds like the relationship got a little strained…and dad moved on w a new wife who maybe was not keen on being a hands on step mom…so SHE chose not to file for you . Not all divorces end in happily ever after “ blended” new units. 

 

Mom prays, don’t fault her for hope for your future, even as she fears for her own. 

Your girl friend is naive and watched too many romantic comedies like Green Card …or the like, no happy ending there in real life. 
 

Your immigration story is pretty simple:

You entered w a visa and have overstayed. 

Possible scenarios: 

1. Your father is an LPR who just filed an I-130 for you. Dad has 3 ( THREE ) years to make his own US Citizenship happen ..am sure he is solidly advised as he has an immigration attorney that filed your I-130. 
So IF dad becomes a USC before you turn 21 , then you will be able to file I-485 and overstay ( ULP) forgiven , no issues, using the very same I-130 that was just filed, because it will convert/ upgrade to IR immediate relative .

 

2.  You really do mature enough to fall in love. …and if she happens to be a USC, then you file I-485 and new I-130 from spouse 
 

3. Keep an eye out for DACA and Immigration Reform and stay out of trouble with the law , you are not an ICE enforcement priority and look to Latino youth support groups for help with juggling a higher education as an “ undocumented “ student.

 

Have a heart to heart with your dad and ask him to take you for a Q and A with the attorney…