Parents US Citizen/Pending Labor Cert.

[Ignicris]

Please advise.

My parents are US Citizen and am on using my 7th year Extension/H1B status, "how can i take advantage of my parents citizenship to get my green card?" My labor cert is still pending in Regular File. Someone told me that my parent can petition me and file for adjustment of status at the same time. Is this true. Thanks in advance!!!

 

[nkm-oct23]

Please advise.

My parents are US Citizen and am on using my 7th year Extension/H1B status, "how can i take advantage of my parents citizenship to get my green card?" My labor cert is still pending in Regular File. Someone told me that my parent can petition me and file for adjustment of status at the same time. Is this true. Thanks in advance!!!

1) If you are under 21 years and unmarried, you qualify as immediate relative of US citizen and are not subject to quotas. In that case you can file I-130/I-485 immediately.

2) If you are over 21 and unmarried, you come under Family First Preference. This is subject to quota.

3) If you are over 21 and married, you come under Family Third Preference. This is also subject to quota.

Check visa bulletin for time taken for your turn in cases 2) and 3). You cannot file for I-485 adjustment of status in these cases unless it is your turn in the quota line. This can take several years. You will need to file I-130 for the quota clock to start ticking.