Can I adjust my immigration status from my dad? 1 Answers as of August 11, 2011I came to the US on a F-1 visa, however I'm currently out of status. Is it possible for me to adjust my status from my dad original I-130 which was filed by his wife while she was a resident. I was listed on the I-130 when I was under 18 years old.
Law Offices of Grinberg and Segal | Alexander Segal
The fact that you were listed on your father's I-130 does not entitle you to adjust your status. If your step-mother was a U.S. citizen at the time she petitioned for your father, you would have had to have had a separate I-130 filed on your behalf. The child of an immediate relative is not a derivative. As such, you must have been the beneficiary of a separate petition with a separate priority date. If you are unmarried and under 21 years of age, your step-mother could petition for you as an immediate relative. Your father could also petition for you, but you will be in the preference petition category unless your father is a U.S. citizen. If you are over 21 years of age, your father or step-mother could still petition for you, but you would be a preference petition and subject to the backlog. You will also have difficulty adjusting your status as you are not in status. It may be best to discuss your case in more detail with an immigration attorney to explore all your options.
Answer Applies to: New York