Question about eligibility

J

jgold310

Registered Users (C)
before I posted this question I searched the forum and found most answers BUT THIS ONE.

if I am in the US out of status. Am I still eligible to file for adjustment of status if my father is an US citizen?

Thank you.
 
As far as I know, only spouses of US citizens can successfully adjust status when "out of status". However 245(i) does cover a few others too. When did your father submit your I-130 and when did it get approved?
 
my father remarried an us citizen in 2003 and applied for his adjustment of status during that same year. He got approved in 2005 and in 2008 he will be eligible for his citizenship.
I read in the forums that I could apply now having him as a green card holder and upgrade the petition later when he becomes a citizen. The only question is can I do this being already in the us out of status or should I leave and apply in my home country?

Thanks again.
 
xan021 said:
The only question is can I do this being already in the us out of status or should I leave and apply in my home country?
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Since you are not filing as the Immediate Relative of a US citizen and you do not qualify for 245i relief, you must apply in your home country. Ensure that the 3/10-year re-entry bars do not apply to you before you leave.
 
How long have you been out of status for? If it is 6 to 12 months, you will trigger a 3 year ban the moment you leave the US. If it is more than 12 months, you will trigger a 10 year ban. Since your father has not yet filed your I-130 (he will file, not you), 245(i) will not help you.
 
I live in the US for 14 years. I guess I would be banned for 10 yrs. Would it change if I wait until he becomes a citizen?
Thank for all your help.
 
Even if you wait until he becomes a US citizen, you will not be an immediate relative. Thus ineligible for AOS and subject to a ban for CP.
 
CP = Consular Processing (GCs/Visas processed abroad at a US consulate)
Immediate relatives = Parents, spouses and minor children
 
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