Interview in the United States!

[darkside4391]

Hello fellow immigration members. Heres my story. Ive been living here in the US illegaly since I was one. I am a filipino citizen. My father got approved for the i130 for a unmarried son petition on me on May of 2008. He is a permanent resident. I will be getting my visa/interview in about 4 months but it is said to be held in Manila Phillipines. Is there any way I can get my interview in Los Angeles? I contacted the NVC and they told me that I have to file a adjustment of status in order to have my interview here but for me to file a i485 I would need a visa first. Please someone give me advice on what to do because im turning 20 and I need to start my life ASAP! Btw my father filed the petition before i turned 18.

 

[swtblcn23]

Sorry but I,m confused. First of all, how did you get here? Did you come on a visitors visa? Your father should have filed the petition here not in Manila since you are physically here.

 

[Jackolantern]

You are not eligible for I-485 when you are in the US illegally and your parent is not a citizen. And when you leave the US for the consular interview, you will be banned for 10 years (if you left before you were 18 years and 180 days old, you wouldn't be banned ... but now you are 19?).

When did your father become a permanent resident? If you entered the US legally, and your father becomes a citizen and files for you before you turn 21, you can stay in the US to obtain a green card (as long as you don't get deported before that).

How did your father get his own green card? Is he married to a US citizen? Was it through 245(i)? If yes, you might be eligible for a green card through 245(i).

 

[BigJoe5]

How come you did not adjust along with dad? Did he commit fraud to get his greencard by claiming to be unmarried when was really married? Does your B/C say that your parents were married?

 

[Jackolantern]

If your father is married to a US citizen whom he married before you turned 18, and you entered the US legally, your US citizen stepparent can file for you while you are under 21, and you'll be able to stay in the US to adjust status.

 

[darkside4391]

Sorry but I,m confused. First of all, how did you get here? Did you come on a visitors visa? Your father should have filed the petition here not in Manila since you are physically here.

i came here through a visitor visa when i was 1

You are not eligible for I-485 when you are in the US illegally and your parent is not a citizen. And when you leave the US for the consular interview, you will be banned for 10 years (if you left before you were 18 years and 180 days old, you wouldn't be banned ... but now you are 19?).

When did your father become a permanent resident? If you entered the US legally, and your father becomes a citizen and files for you before you turn 21, you can stay in the US to obtain a green card (as long as you don't get deported before that).

How did your father get his own green card? Is he married to a US citizen? Was it through 245(i)? If yes, you might be eligible for a green card through 245(i).

he married a us citizen but is now divorced. he is currently a green card holder. he did get married before i was 18. he has been a green card holder for around 8 years now i think. is 245 still an option for me if they are now divorced?

Would the process be faster if he gets his us citizenship and we start all over again? my priority date is may 2008.

How come you did not adjust along with dad? Did he commit fraud to get his greencard by claiming to be unmarried when was really married? Does your B/C say that your parents were married?

no it was not by fraud. my bc doesnt say they were married but we did turn in proof of a divorce.

If your father is married to a US citizen whom he married before you turned 18, and you entered the US legally, your US citizen stepparent can file for you while you are under 21, and you'll be able to stay in the US to adjust status.

what if they arent married anymore?

 

[darkside4391]

Would the process be faster if my father becomes a us citizen? i understand that it would only take him 6 months to become a us citizen. How long would the process be from start to finish if we filed under a Us citizen un married child under the age of 21? take into consideration that i will be turning 21 in april 3 2012.

 

[Jackolantern]

Would the process be faster if he gets his us citizenship and we start all over again? my priority date is may 2008.

Once he becomes a USC, you immediately become eligible to file I-485 if you are still under 21, and you get to keep the same approved I-130. If he doesn't become a citizen, the process is dead for you unless you can qualify for 245i (and it seems you don't qualify).

what if they arent married anymore?

His USC ex-wife can file for you, if you can show proof of maintaining an ongoing relationship with her. You would be treated with the same priority as if you had a USC parent, and the I-130 and I-485 can be filed together if you are still under 21. When do you turn 21?

 

[darkside4391]

You are not eligible for I-485 when you are in the US illegally and your parent is not a citizen. And when you leave the US for the consular interview, you will be banned for 10 years (if you left before you were 18 years and 180 days old, you wouldn't be banned ... but now you are 19?).

When did your father become a permanent resident? If you entered the US legally, and your father becomes a citizen and files for you before you turn 21, you can stay in the US to obtain a green card (as long as you don't get deported before that).

How did your father get his own green card? Is he married to a US citizen? Was it through 245(i)? If yes, you might be eligible for a green card through 245(i).

when can i apply for a i485? THANKS FOR THE HELP I REALLY APPRECIATE IT

 

[darkside4391]

Once he becomes a USC, you immediately become eligible to file I-485 if you are still under 21, and you get to keep the same approved I-130. If he doesn't become a citizen, the process is dead for you unless you can qualify for 245i (and it seems you don't qualify).


His USC ex-wife can file for you, if you can show proof of maintaining an ongoing relationship with her. You would be treated with the same priority as if you had a USC parent, and the I-130 and I-485 can be filed together if you are still under 21. When do you turn 21?

i turn 21 in april 3 2012

so if my dad becomes a us citizen i can file for a i485 right away and not have to file for another i130? how do i contact the uscis about his change of status? and how long is my approved i130 last for? it was approved on may 2008. does my i485 need to be approved or filed before i turn 21?

 

[Jackolantern]

i turn 21 in april 3 2012

so if my dad becomes a us citizen i can file for a i485 right away and not have to file for another i130? how do i contact the uscis about his change of status?

When you file the I-485, simply include a copy of his naturalization certificate and the I-130 approval and they will upgrade the I-130 to reflect his citizenship status.

and how long is my approved i130 last for? it was approved on may 2008. does my i485 need to be approved or filed before i turn 21?

For you the I-130 will remain valid at least until you turn 21 (exactly how much longer depends on a bunch of ifs and buts and unknowns which I won't get that now).

You don't need to file I-485 before you turn 21, but your father must become a citizen before you turn 21, and then you must file the I-485 (or at least hire a lawyer to prepare it) within a year after he obtains citizenship.

when can i apply for a i485?

Due to your overstay, you can only file I-485 when your father is a citizen. Or while you're still under 21, you can file I-485 based on a new I-130 filed by your USC stepmother.

 

[wayneverhoch]

Good. You still have 1 year. You can do it in 1 year.

 

[darkside4391]

when you file the i-485, simply include a copy of his naturalization certificate and the i-130 approval and they will upgrade the i-130 to reflect his citizenship status.


For you the i-130 will remain valid at least until you turn 21 (exactly how much longer depends on a bunch of ifs and buts and unknowns which i won't get that now).

You don't need to file i-485 before you turn 21, but your father must become a citizen before you turn 21, and then you must file the i-485 (or at least hire a lawyer to prepare it) within a year after he obtains citizenship.


Due to your overstay, you can only file i-485 when your father is a citizen. Or while you're still under 21, you can file i-485 based on a new i-130 filed by your usc stepmother.

thank you so much!!!