Help! What to do ... ?

F

fa2seh

New Member
Hello ,

I read a lot of threads here but I want to read people experience who had the same issue that I will state here.

I am 26, not married and live in the USA waiting for status.
2001 - Came to the USA - I-20 (Student Visa) will expire in 12/2003.
2003 - Extend I-20 will expire in 12/2004.
05/2004 - Family came here on Green Card and applied to me I-130 because I was over age.
12/2004 - I-20 Expired (OOS)
11/2005 - Received I-797 (Petition Approval) and needed to wait for a visa under 2B Category (Currently as this post the Visa Bulletin for 2B is September 2000).
12/2008 - My father applied for Citizen -got his finger print and in April 2009 will have his interview.
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If my father receives his citizen, I will be under 2A category that already passed my application date. Now they are processing petitions of 15 AUG 2004.
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Now here are my questions:
1- What do I need to do when my father receive his citizen?
2- Will I face any problems?


Thank you in advance.
 
Last edited by a moderator:
So you have been out of status in the US since the end of 2004? If that is the case, your I-485 will be denied for being out of status for too long. Your father becoming a citizen won't help you.

If you left the US shortly after your student status expired, you would soon be eligible for an immigrant visa to return to the US. But if you didn't leave, you would need to marry a US citizen to become eligible to adjust status.
 
Last edited by a moderator:
Triple Citizen: My priority date on 2A already passed so when my dad recieve his citizen. My priorty date already passed and I understand. What type of law you mean ? I never caused or did any problems here. I am living with the family until I can submit for my status.


Jackolantern: why i am getting different answers here ...


Any more people to comment on this situation.
 
Plus, my additional question is: If I have a valid Driver License , will I have any problems traveling from State to State.
 
fa2seh said:
Jackolantern: why i am getting different answers here ...
Click to expand...
TripleCitizen probably didn't realize that you are out of status and have been out of status for years (and you didn't make it clear either ... it wasn't obvious that you didn't get some other type of visa like H1B after your student status expired). Once he notices that aspect of your situation, he will agree that you are not eligible to adjust status via your father's sponsorship.
 
Jackolantern:

I read in couple threads that some people are OOS and they paid a fee for bieng OOS. Can you clearify that for me please. Plus do you know if I have a valid License i can travel from state to state.

Thank you in advance.
 
fa2seh said:
Jackolantern:

I read in couple threads that some people are OOS and they paid a fee for bieng OOS. Can you clearify that for me please. Plus do you know if I have a valid License i can travel from state to state.

Thank you in advance.
Click to expand...

245(i) you are talking about has certain requirements to meet.
Since your I-130 has not been filed before 2001 April, you aren't eligible to 245(i). Currently, you don't have options to file I485 in the US except for the marriage to the US citizen or being sponsored by your US citizen kids, if any.
 
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