I am 19 trying to apply through father who is US citizen

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petmydog

New Member
Hello i need help on what i should do. i came in the US in 2000 and then my father applied for me to get a green card when he had a green card at the time. then in 2004 he got divorced and in the whole proccess my documents and everything was forgotten. Now i want to know if i can file a I-130 and I-485 while im in the US so i can get a green card. i read on this website immihelp.com/greencard/adjustmentofstatus , that i can do that, because even though i have stayed past my expiration of the I-94 , i entered legally. I need to know what to do, any help will be appreciated.
 
If you dad is USC he can file for you 130 & 485 in same time. As long as you entered legally (and I guess, not on J visa), you are fine. Just don't leave US even with AP before you get GC in hand.
 
petmydog said:
i read on this website immihelp.com/greencard/adjustmentofstatus , that i can do that, because even though i have stayed past my expiration of the I-94 , i entered legally.
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You can do AOS because you entered legally AND your father is a US citizen AND you are still under 21 AND are also unmarried (I assume). If any of those becomes false, you would lose your eligibility for AOS. And if you leave the US before getting the green card, you won't be able to reenter for 10 years, because of your long overstay.
 
ok , so i will file those together and put on the date when my I-94 Expired? and that wont be a problem ? and im my case would it be neccessary to file the i-130?
 
petmydog said:
ok , so i will file those together and put on the date when my I-94 Expired? and that wont be a problem ? and im my case would it be neccessary to file the i-130?
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yes, put the date when your I-94 expired and no it wont be a problem. yes you would have to file I130 and I485 together :)
 
petmydog said:
Hello i need help on what i should do. i came in the US in 2000 and then my father applied for me to get a green card when he had a green card at the time. then in 2004 he got divorced and in the whole proccess my documents and everything was forgotten. Now i want to know if i can file a I-130 and I-485 while im in the US so i can get a green card. i read on this website immihelp.com/greencard/adjustmentofstatus , that i can do that, because even though i have stayed past my expiration of the I-94 , i entered legally. I need to know what to do, any help will be appreciated.
Click to expand...

You want make sure you file as soon as you can before you turn 21 or it gets complicated after that.
 
if your father already filed I-130 for you years ago, you don't need a new I-130 form. You will file I-485 with a copy of a notice of receipt for the old I-130.
 
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