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

Oo7oo

New Member
#1
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
 

SusieQQQ

Well-Known Member
#2
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
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?
 

Sm1smom

Super Moderator
#5
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.
 

SusieQQQ

Well-Known Member
#6
My parents and my brother got a green card at the lottery and i am overstayed.
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.
 

newacct

Well-Known Member
#7
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.
 

SusieQQQ

Well-Known Member
#8
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.
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
 
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newacct

Well-Known Member
#9
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
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.
 

SusieQQQ

Well-Known Member
#11
Thanks guys for the response. I need your opinion what is the best action I need to take now? What is your advice?
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.
 

1AurCitizen

Registered Users (C)
#13
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.
 

SusieQQQ

Well-Known Member
#14
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?
.
Well if he has enough sense to look at the long term that’s what he’ll do...
 
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