Driver's License renewal denied!

[asinanan]

Hi,

My father had been sponsored his green card through his employer. I am over 21 and an I-130 was filed and approved as F2B. My priority date is August 2009 .
(In December 2010 they were processing 2005, and then in January 2011, it went back to 2003. It's confusing and hard to figure out how long before my priority date becomes current, except that it will be a long time)

My real issue is that I have been living in the US, went to school here and currently working. There's a long history behind different statuses, but as of currently, all I have is an approved I-130 (turned 21 during first attempt, and since re-filed). My driver's license has expired and this year they are requiring an I-797 notice to renew my license. My laywer is saying that he can't file the I-485 till my priority date is current??? I cannot travel or risk leaving the US, because I am afraid I will be banned. Can I not work, or drive in the US? Am I officially illegal? What are my options if any? Thanks for your kind consideration of my questions.

 

[namecheckvictim]

Yes, you are officially illegal, even if your PD becomes current (which will be a longggggg time) you can't adjust status as F2B as you are out of status. A person can only adjust status in US under F2B if he/she have a legal status.
Only a immediate relative of a USC can adjust status with a overstay, in your case your only choice is probably getting married to a USC.
If you leave US now you will trigger the upto 10 year ban depending upon the period of your overstay.
At this time you cannot drive or work in the US.

 

[Jackolantern]

There's a long history behind different statuses, but as of currently, all I have is an approved I-130 (turned 21 during first attempt, and since re-filed).

This F2B is a second attempt? What was the first attempt -- were you a derivative tied to your father's GC process, and then you turned 21? Are you aware of the CSPA, and how it means that 21 doesn't automatically or immediately make you ineligible?

When did you turn 21? When did your father's employment-based priority date become current? How long have you been out of status? Did you ever file an I-485? There may be some hope for you, depending on your answers to these questions.

 

[Topeka6000]

There are a few states.. i am sure you can google them up.. that allow only a passport for getting a DL... one of them is New Mexico + you need to show proof of stay eg bills etc... So i suggest if you want a DL you may want to consider moving to NM and drive legally. Just make sure you call DMV to make sure you have all the docs!...... g'luck!

 

[asinanan]

Thank you all for your replies. The situation for me and like so many others can get so diverse and complicated, while individual intentions are good and genuine (obviously subjective!)

I have just turned 26. I was filed as part of my father's employment based green card process, but was not approved because I turned 21. Since then my father has applied for me and I was approved as F2B. No I-485 was filed, and my lawyer says he cannot file the I-485 until my priority date becomes current. Honestly, I'm not sure how long I have been out of status, and am trying to figure all of these details out. It's been so many years, with my parents "handling" everything that I checked out mentally as long as it did not hamper my life (which is a mistake cuz it does *sigh*).

This forum is great, and I have been reading. My lawyer mentioned me being "grandfathered", and I am not certain but was hoping that meant I was still eligible to adjust status when my PD becomes current. I am in Florida, and the DMV wants to see passport, stamp of entry and I-797. If the lawyer is inaccurate and I can submit the I-485, then that would be great.

 

[Jackolantern]

I have just turned 26. I was filed as part of my father's employment based green card process, but was not approved because I turned 21.

Because of the CSPA, turning 21 doesn't automatically disqualify you. If you and your father did things right and understood the CSPA, you might have been able to obtain a GC along with your father, instead of giving up just because you turned 21.

How old were you when your father filed his own I-485? When did his green card get approved?

When you had legal immigration status, what was it? H4? L2?

My lawyer mentioned me being "grandfathered", and I am not certain but was hoping that meant I was still eligible to adjust status when my PD becomes current.

He's probably referring to 245(i), which allows you to adjust status even if you're out of status. However, it would require you or your parent to have been in the US with an immigration petition or labor certification filed by the deadline in April 2001. Was your father in the US back then?