My Dad just got his GC - Am I eligible?

B

BonesCones69

New Member
Hi Everyone,

My family came to the united states about 15 years ago through a tourist visa and overstayed. Just recently my father remarried a US Citizen and got his green card, and so did my younger brother. I was unable to because I was over the age limit. I am 21 years old.

I need to know if I am eligible to apply for permanent resident status through either my father or my step mother.

Thanks for your help.
 
BonesCones69 said:
I need to know if I am eligible to apply for permanent resident status through either my father or my step mother.
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Your father can apply for you, but because of your long overstay and being 21 you will have to leave the US for 10 years to become eligible get a green card through his sponsorship. But he can file the papers for you now, and the application will move through the queue while you wait out the 10 years.
 
Jackolantern said:
Your father can apply for you, but because of your long overstay and being 21 you will have to leave the US for 10 years to become eligible get a green card through his sponsorship. But he can file the papers for you now, and the application will move through the queue while you wait out the 10 years.
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is this the only way? i am going to graduate from college in 1 year and i need to be able to work and support myself. I don't think leaving the US and coming back in 10 years is an option for me. If my dad were to become a US citizen, would this still be the case?

i also read on the I-130 form that a permanent resident can apply for unmarried son or daughter over 21 years old. does this form apply to someone like me?

Do I have any other options? thanks.
 
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BonesCones69 said:
i also read on the I-130 form that a permanent resident can apply for unmarried son or daughter over 21 years old. does this form apply to someone like me?

Do I have any other options? thanks.
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HE can apply, but you won't be able to adjust because you are out of status. The only option is to marry USC.
 
But it must be a bonafide marriage and not just to get a GC. Given this is his only way to remain legally in the US, it will be tough to overcome the suspicion of marriage for a GC - especially since that what his father did.
 
kittenKat said:
HE can apply, but you won't be able to adjust because you are out of status. The only option is to marry USC.
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i entered the united states legally through a tourist visa, am i still unable to adjust? both my father and younger brother entered the same way and they now have green cards without having to leave the country.
 
BonesCones69 said:
i entered the united states legally through a tourist visa, am i still unable to adjust? both my father and younger brother entered the same way and they now have green cards without having to leave the country.
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You will be unable to adjust because you'd being doing so on the basis of an FB3 petition. Your father and brother were beneficiaries of Immediate Relative petitions.
 
my stepfather filed for me, as long as your father married ur stepmom b4 ur 18th bday. the other thing is that he had filed for me b4 2001, so i was able to adjust without going back to my country of birth. There might be away for you to adjust, since you came on a visa. Have ur father apply for you now, then he can upgade when he get his u.s.citizenship.
 
malakai1104 said:
my stepfather filed for me, as long as your father married ur stepmom b4 ur 18th bday. the other thing is that he had filed for me b4 2001, so i was able to adjust without going back to my country of birth. There might be away for you to adjust, since you came on a visa. Have ur father apply for you now, then he can upgade when he get his u.s.citizenship.
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You were able to adjust under the amnesty that expired in April 2001 ... it's much too late for that now. His father can apply now to establish a priority date, but the 10-year rule still applies to the OP if he is going to ever get a green card via his father's sponsorship (unless they change the law).
 
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