i am wondering if i am eligible for adjustment of status or any kind of work authorization or gcard

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by Oo7oo, Jun 6, 2018.

  1. Oo7oo

    Oo7oo New Member

    Hello guys,

    I am son of parents green card holders living in the U.S. unlawfully and i am wondering if i am eligible for adjustment of status or any kind of work authorization or green card.

    Thanks in advance
     
  2. SusieQQQ

    SusieQQQ Well-Known Member

    Do you mean your parents have valid green cards but you don’t? The general answer to your questions is no, but they may be able to sponsor you for a green card under certain conditions (none of which allow you to remain in the US while processing though)-
    How old are you? Are you single? On what basis did you enter the country and when?
     
  3. Oo7oo

    Oo7oo New Member

    Thanks for quick response. I am 26 years old, unmarried, enter using J1 visa and i am already 5 years in usa.
     
  4. Oo7oo

    Oo7oo New Member

    My parents and my brother got a green card at the lottery and i am overstayed.
     
  5. Sm1smom

    Sm1smom Super Moderator

    No, you’re currently not eligible for adjustment of status, any kind of work authorization, or a GC on the basis of your parents being LPR.
     
  6. SusieQQQ

    SusieQQQ Well-Known Member

    If you are still single, your parents can sponsor you for a GC under the F2B category, however you will have to leave the US and wait out your ban period (will depend on how long you overstayed for, either 3 or 10 years ban, sounds like the latter from what you said). It will take about 7 years for this (in any case the ban period is longer than the visa wait for this) and you’ll have to remain single, unless your parents become citizens in which case you can marry and keep a petition valid, but that extends the wait time too as that category (F3) has a much longer wait.

    At no stage will you be able to get a green card without first leaving the US and waiting out your ban period.
     
  7. newacct

    newacct Well-Known Member

    If you entered on J1 and you were admitted for "D/S" on your I-94 instead of a date, you likely will not trigger a ban if you leave the US before next year. However, as others have noted, there is still a 7 year wait for visa numbers in the F2B category even if your parents petition you right now.
     
  8. SusieQQQ

    SusieQQQ Well-Known Member

    Is this not part of what’s getting caught up in that new regulation coming into effect in August? In which case he needs to leave by then?

    Edit: yup, J visas included
    Needs to leave by August 9 (as you said, if D/S and not a date that is already past)
    https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft Memorandum for Comment/AccrualofUnlawfulPresenceFJMNonimmigrantsMEMO_v2.pdf
     
    Last edited: Jun 6, 2018
  9. newacct

    newacct Well-Known Member

    Well, "unlawful presence" starts accruing on August 9, 2018. They will have less than 180 days of "unlawful presence" if they leave before February 5, 2019.
     
  10. Oo7oo

    Oo7oo New Member

    Thanks guys for the response. I need your opinion what is the best action I need to take now? What is your advice?
     
  11. SusieQQQ

    SusieQQQ Well-Known Member

    Hasn’t that basically been answered? There’s really only one way you can become legal in the US. Your parents petition for you, you need to leave and wait for the priority date to become current.
     
  12. Sm1smom

    Sm1smom Super Moderator

    You need to leave the US. That’s the best action you can take.
     
  13. 1AurCitizen

    1AurCitizen Registered Users (C)

    OP seems pretty much set on not wanting to leave the US. The initial post is asking for ways to AOS/EAD/GC, etc. What are the odds he'll leave the US after spending, and presumably working illegally the past 5 years, and the parents and sibling are LPRs?

    Advice to the OP is clear cut.. exit the US and await consular processing for F2/3 category visa priority date to be current.
     
  14. SusieQQQ

    SusieQQQ Well-Known Member

    Well if he has enough sense to look at the long term that’s what he’ll do...
     

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