Can my father fill the i130 and i485 and do I need i485 supplement?

M

michcio545

New Member
Hi, I am 18 years old, and my father received his Conditional Green card few months ago. Is he able to fill out all those forms and do I need to fill out the i485 supplement? I came here in the Summer of 2003 and overstayed my tourist visa. Is it possible for him to start the process now of me becoming a legal resident or do I need to wait until he becomes a US Citizen. Also, is it possible if for ex. I am unable to receive my green card until he becomes a US Citizen but still receive work authorization for the time being? If someone can help me out it would be great. I am about to start college in few weeks, and being 18 and not any government identification and relaying on your parents where you want to go is horrible.
 
happyness said:
I think he can file for you with a conditional greencard but I am not 100% sure!
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He can file the I-130, but the OP will be unable to file an I-485 since he has overstayed. If he is less than 18 years and 180 days old, he should leave the US ASAP before the 3-year bar kicks in.

He is NOT eligible for the I-485A, since the I-130 was filed after April 30, 2001.
 
michcio545 said:
Also, is it possible if for ex. I am unable to receive my green card until he becomes a US Citizen but still receive work authorization for the time being?
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No, not based on your father's petition because he is a green card holder and you overstayed.

But how did your father get his green card? Was it through marriage to a US citizen? If yes, your USC stepmother can file for you right now, provided that your father married her before you turned 18. Her petition would enable you to file I-485 and get work authorization (and then the green card itself some months later). She could have filed for you at the same time she filed for your father.
 
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Jackolantern said:
No, not based on your father's petition because he is a green card holder and you overstayed.

But how did your father get his green card? Was it through marriage to a US citizen? If yes, your USC stepmother can file for you right now, provided that your father married her before you turned 18. Her petition would enable you to file I-485 and get work authorization (and then the green card itself some months later). She could have filed for you at the same time she filed for your father.
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My step mother can't file papers for me as they got married a week after my 18th birthday. I think I have one of the worst luck. :<
 
One week? Ouch! If only they knew the rules they could have gotten married a little sooner. Them getting married after your 18th birthday hurts you in 2 ways -- your stepmother can't file for you, and your father can't become a citizen before you're 21 (if he became a citizen before you turned 21, you could be petitioned as an immediate relative and your overstay would not disqualify you).

From the facts you've described it appears you've already spent more than 180 days illegally since your 18th birthday, so you're facing a 3-year ban. You need to leave the US before you're 19, or the ban will be 10 years. Your father can file I-130 for you right now, and the wait time is about 3 years for under-21 children of permanent residents, so the 3-year ban would be expiring just about when your case is ripe for a consular interview. Use those 3 years to study in your home country or do something else productive.
 
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