What does the law say?

D

DBP

New Member
My mom recently became a USC. I am over 21, single and out of status.

She filed my I-130 when she first got her GC and am still waiting on my priority date. She wants to upgrade my I-130 and wonders if I would be able to Adjust Status at anytime at all.

When she was a GC holder we knew there was no way I could adjust in country even if my PD comes current, so we decided to wait it out. What happens now that she's a USC? Anyone knows?
 
Only immediate relatives of US Citizens are exempt from "illegal presence" and "illegal employment". Immediate relatives are either: Spouses, Parents and Unmarried children UNDER 21 years of age.

You can not Adjust your Status, you would have to leave the USA and probably trigger a 3-10 year ban, wait it out and then return under a F1 category.
 
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