Canadian currently in US adjust status? B status

[BThomas28 2]

Hi- I’ve been in California for 4 months now visiting my parents. I’m a Canadian citizen and entered the US with the intent of just visiting but I’ve decided now that I would like to stay here permanently if legally possible. 
 

I’ve read that even though I wasn’t issued a B visa that I’m technically in B status? I’m over 21 and my parents are naturalized US citizens . Is it possible to adjust from this B status to a permanent resident application and remain here?

 

 

[Crazy Cat 41,984]

23 minutes ago, BThomas28 said:

I’m over 21 and my parents are naturalized US citizens . Is it possible to adjust from this B status to a permanent resident application and remain here?

No.  The priority date for an I-130 filed now would not be current.  See the December 2024 Visa bulletin for F1 category:

 

Visa Bulletin For December 2024

 

TABLE B

 

Edited November 14 by Crazy Cat

[SteveInBostonI130 3,471]

17 minutes ago, BThomas28 said:

Hi- I’ve been in California for 4 months now visiting my parents. I’m a Canadian citizen and entered the US with the intent of just visiting but I’ve decided now that I would like to stay here permanently if legally possible. 
 

I’ve read that even though I wasn’t issued a B visa that I’m technically in B status? I’m over 21 and my parents are naturalized US citizens . Is it possible to adjust from this B status to a permanent resident application and remain here?

 

 

 

No, you cannot stay and adjust status.  The wait time to get a visa number is over 7 years for an unmarried son/daughter over 21 (F1).  It is over 12 years for married sons/daughters.

[BThomas28 2]

.

Edited November 14 by BThomas28
Needed to quote for reply

[BThomas28 2]

15 minutes ago, Crazy Cat said:

No.  The priority date for an I-130 filed now would not be current.  See the December 2024 Visa bulletin for F1 category:

 

Visa Bulletin For December 2024

 

TABLE B

 

 

7 minutes ago, SteveInBostonI130 said:

 

No, you cannot stay and adjust status.  The wait time to get a visa number is over 7 years for an unmarried son/daughter over 21 (F1).  It is over 12 years for married sons/daughters.

Thanks for the replies. I’m new to how this works. Can you explain why the wait time causes me to not be eligible? 

[SteveInBostonI130 3,471]

1 minute ago, BThomas28 said:

 

Thanks for the replies. I’m new to how this works. Can you explain why the wait time causes me to not be eligible? 

 

1.  You will  overstay your visa while waiting.  You are not authorized to stay by applying for AOS if the visa number is not available.  Your AOS application will actually be denied because the visa number is not available.  

 

2.  If you somehow avoid police and remain illegal in the US for the 7+ years for the visa number to become available, your subsequent AOS application will be denied because of your visa overstay.  Overstays are NOT forgiven for family preference immigration.  If you leave the US to try for consular processing, you will have a 10 year or lifetime bar.

 

You have no path of residing in the US through your parents until the visa number becomes available.  Leave as soon as you can and return for a visit 4-6 months later.   The recommended rule is twice the time outside the US for returning visits.  But you can try earlier, with greater chances of denial of entry for shorter time spent outside the US between visits.

[powerpuff 6,744]

Only immediate relatives of US citizens (spouses, parents and unmarried children under 21) are eligible to adjust status as there are no restrictions to visa number available (no cap) as opposed to any other family preference categories. Those are numerically limited per year which created a huge backlog as you can imagine and you can see that in the visa bulletin linked above. You’re not an immediate relative so you can’t adjust status. Furthermore, overstay is only forgiven for immediate relatives so if you end up overstaying you will have to serve a ban overseas (3 or 10 years depending on the length of the overstay).

[Crazy Cat 41,984]

3 hours ago, BThomas28 said:

Can you explain why the wait time causes me to not be eligible? 

Because the number of visas for your visa category (F1) is limited to a cap every year.  There are a LOT of people waiting in line ahead of you.

Edited November 14 by Crazy Cat

[BThomas28 2]

Thanks for the replies- I did more searching online and understand that it’s not allowed to wait in the US for the priority date to become current unless I somehow held some other type of visa or status to legally maintain my physical presence. Thanks for all the replies and information. 

[SalishSea 17,970]

1 hour ago, BThomas28 said:

 

Thanks for the replies. I’m new to how this works. Can you explain why the wait time causes me to not be eligible? 

Your visa category is numerically limited.  They need to petition you for an immigrant visa first, and when a visa number is available,  then you can apply.

 

You have to be in status to adjust status, so if you overstay and then a visa becomes available, you will be ineligible.