Help: Questions about which route to take (Family)?

J

j0emV

Registered Users (C)
So I have a few questions on which route I should take. I am a citizen of the Bahamas and my father adjusted to permenant resident status 12/2005. My sister is also an American and is 21. I'm wondering which route is the best way to go to get things started for me? Here's a little of my background info: i'm 25 years old, live in Chicago, currently on OPT after finishing undergraduate Management Information Systems. I've been on an F1 since January 2003 but i'm wondering if an H1 is an option as well? My OPT expires soon and i've already settled here so i'd like to be able to stay if I can. I've been reading and reading but everything is so confusing and I cant really afford an immigration attorney right now but if I had to I would have to make it happen. I'm currently working full time and have been for about 2 years now (received an EAD while in school the last year). So should I:

A) File an I-824 since my father just adjusted 9 months ago?
B) File an I-130 but under which would be best? My sister or Father?

I'm really confused about which forms to fill out first and the wait times seem really long. Is there a way I can get an EAD while all this is happening? Any help would be greatly appreciated!
 
Please check:

www.uscis.gov and look for Permanent Resident

Visa bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3032.html

It is best that your father file for you. Siblings are 10+ years. In any case, you will have to wait. To file a I-130 in your behalf does not give you any status (so you must mantain your own legal status) and does not give you any EAD. Only people on AOS (adjustment of status) are able to apply for EAD. You are able to apply for AOS when your priority date is current and there is visa number available for you.

Good luck,
 
I addition to cherr1980 and your question about H1, you have to get a job offer that is willing to sponsor you H1. H1 is not a work visa that you can get without a company that is willing to sponsor you.
 
I should have added a little more detail

I'm wondering about the follow-to-join benefits and me aging out. My father's app was pending for maybe 10 years I think and he just received his green card in December 2005. I was under 21 at the time his app was pending so I need some help understanding how the follow-to-join benefits work in relation to the child status protection act. I'm under the impression that any us citizen/lpr can submit an i824 for unmarried children but will my age be frozen so that I meet the under 21 criteria even if my name was not on his original i485 I guess? Isnt the purpose of the i824 to bring along children that were not included in your original approval? The CSPA verbage seems very ambiguous but this is what I read:

"Age-out protection for the children of permanent residents. Section 3 of the new law extends age-out protection to the children of lawful permanent residents, including children who are accompanying or following to join family-sponsored, employment-based, and diversity immigrants. Under the legislation, the age of the alien child on the date on which an immigrant visa number becomes available, reduced by the number of days the petition was pending, will be determinative, but only if the individual seeks to acquire permanent resident status within one year of such availability."

So does this mean I have a shot?
 
ok so I spoke with an immigration officer today

and I explained my situation in regards to the CSPA benefits and he told me to go ahead and file an I485/765/131 concurrently and to include all the documents and evidence that I believe pertain to the case. He recommended that I seek legal council for I guess when it comes time for the interview. Does anyone else have any ideas?

I'll probably be submitting the forms early next week as soon as I get all the documents I need in hand (birth certificate, copy of my fathers i797, etc).
 
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