Can I become a permanent resident if I am living with my permanent resident parent? 5 Answers as of July 23, 2011

My dad is currently applying for citizenship, he has been a permanent resident for 5 years, I'm 22 years old and I'm single living with my dad, can he fix my papers so that I can become a permanent resident? Also I have been living in the US for 12 years and I came in the country legally, if that helps.

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Law Offices of Joel H. Wolff
Law Offices of Joel H. Wolff | Joel Henry Wolff
When your father becomes a US Citizen, normally, your time that it takes for your family based immigrant visa to become available usually speeds up. I would wait until your father becomes a US Citizen before filing anything. To be safe I would only file the first part of the permanent residency package, also known as the Alien Relative Petition.
Answer Applies to: Nevada
Replied: 7/23/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you are unmarried your dad can file the I-130 now. Otherwise he can do this when he is a USC. It will then take many years until you are able to file for your green card. UNless you have eligibility under 245i, you will not be allowed to adjust in the US because you are not considered an immediate relative under the law. So you will need to apply at the US consulate in your home country. THis will trigger a ten year bar and I don't believe there is a waiver for this (father to son). So please have a full consult done with a competent immigration attorney to fully dig into the specifics of your case. There may also be some weird claim of USC or other avenues for you, depending upon your mother's history and others.
Answer Applies to: California
Replied: 7/22/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If you do not have a petition filed for you prior to April 30, 2001, and assuming that you are over stayed your visa, you will have to go back to your country and are subject to 10 year bar.
Answer Applies to: Nevada
Replied: 7/22/2011
Fong & Associates
Fong & Associates | William D. Fong
Your permanent resident father should have filed the first step (I-130) for your green card as soon as he got his. At that time, you were a minor child of a permanent resident, and you would have a place in line, called a "priority date" for your green card of 2006. When he becomes a US citizen, you are a first preference, but it is still a 7 year wait. If he hasn't filed anything for you yet, it will be 7+ years. If he has filed for you it will be 2 years.
Answer Applies to: Texas
Replied: 7/22/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
As an lpr your father can file for if you are unmarried, but it will take years for your visa to become current. As a U.S. Citizen it will also take a few years as you are over 21years old; furthermore you will have to adjust outside the U.S.
Answer Applies to: Florida
Replied: 7/22/2011
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