which would be faster?

D

darkside4391

Registered Users (C)
I've been living in the U.S. since I was a year old. I am now 18. My parents and I came here with a visitor visa (1992) but overstayed. My dad barely filed my I-130 on October 2008. He is a permanent resident. Would it be faster for me to get my green card through marriage? If it is what applications would I need to fill out? I dont want to get banned from the US cause it was not my fault for not having papers. :confused:

Thank You
 
Because of your overstay, you can't get a green card through your father via adjustment of status unless he becomes a US citizen and you are still under 21 (after age adjustments for the CSPA).

The time spent in the US illegally before age 18 does not count towards the 3-year or 10-year bars to entry. So if you are younger than 18 years and 180 days, you can leave the US and still be eligible for a green card via consular processing, without being banned from the US (it may be difficult to get a tourist visa, but you would still be able to get a green card). If you are older than that but leave the US before turning 19, that would be less than 1 year spent in the US illegally after your 18th birthday, so you would be banned "only" for 3 years instead of 10.
I dont want to get banned from the US cause it was not my fault for not having papers.
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It's not your fault for not having papers, but now that you are 18 you are capable of leaving the US, and it is considered your fault if you continue to stay in the US without legal status beyond the 180 days grace period.
 
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darkside4391 said:
would i still get banned if i get married to a us citizen?
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If you get married to a US citizen and file for adjustment of status (I-485) before they catch you and initiate deportation, they will normally forgive your overstay. But don't get married just for the GC; they will interview and investigate you to check that it is a genuine marriage. If they catch you in a sham marriage they'll deport you and you'll possibly get banned for life.

However, if you've stayed beyond the 180 day grace period and you leave the US before your GC is approved, you'll be banned regardless of who you marry.
 
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