About 4 years ago I lost my job and my H-1B status along with it. I am still living in the US… Just recently one of my parents got an American citizenship. I know that he can apply for a GC for me with an i-130 form. My question is: will I have to leave the US for reinstatement of legal status after application is submitted? If no, how long will it take to receive a work authorization and a green card after that? Thank you.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Application for GC by parent with passport for son (over 21)
- Thread starter BORSHIK
- Start date
You'll be in the F1 category (assuming you're unmarried), which has a priority date wait of about 7 years currently (more for Mexico and Philippines). Yes, I believe that you'll have to leave the U.S. in order to apply for a green card, since you don't have legal status here. But leaving the U.S. will trigger a 10 year ban due to your overstay, unless you get a hardship waiver.
Jackolantern
Registered Users (C)
You're over 21, so your lack of legal status makes you ineligible to stay in the US for adjustment of status based on a parent's petition, and because you overstayed for more than a year you will have to stay outside the US for 10 years to be eligible to return to the US.
Your parent can file for you before the 10 years are done; what matters is that the 10 years are done by the time of your interview at the consulate. So they should time the filing of your I-130 so the end of its wait time (currently about 7 years for unmarried over-21 sons and daughters of US citizens, except Mexico and the Philippines) will coincide with the end of your 10 years outside the US.
Your parent can file for you before the 10 years are done; what matters is that the 10 years are done by the time of your interview at the consulate. So they should time the filing of your I-130 so the end of its wait time (currently about 7 years for unmarried over-21 sons and daughters of US citizens, except Mexico and the Philippines) will coincide with the end of your 10 years outside the US.
Is Hardship Waiver a real possibility?
I want to explore this possibility of getting a "hardship waiver". Will I be able to get a "hardship waiver" (after applying for GC thru my parent) based on the fact that I have legally lived here since 1997: studied, have diplomas, worked, and have my direct family members here as well, where as in my home country I have no diplomas, no social network, no direct family members that could help me with my stay, which constitutes a real hardship for me to be there let alone staying there for 10 years before returning?
Thank you all for your comments.
But leaving the U.S. will trigger a 10 year ban due to your overstay, unless you get a hardship waiver.
I want to explore this possibility of getting a "hardship waiver". Will I be able to get a "hardship waiver" (after applying for GC thru my parent) based on the fact that I have legally lived here since 1997: studied, have diplomas, worked, and have my direct family members here as well, where as in my home country I have no diplomas, no social network, no direct family members that could help me with my stay, which constitutes a real hardship for me to be there let alone staying there for 10 years before returning?
Thank you all for your comments.
Jackolantern
Registered Users (C)
I want to explore this possibility of getting a "hardship waiver". Will I be able to get a "hardship waiver" (after applying for GC thru my parent) based on the fact that I have legally lived here since 1997: studied, have diplomas, worked, and have my direct family members here as well, where as in my home country I have no diplomas, no social network, no direct family members that could help me with my stay, which constitutes a real hardship for me to be there let alone staying there for 10 years before returning?
Thank you all for your comments.
Hardship waiver is given based on the hardship to your US citizen or permanent resident relative, not the hardship to you. What special hardship would your parent suffer if you left the US? Are they disabled and depending on you for day-to-day assistance?