Can my parent petition me just got approved - Page 2

Originally Posted by NEWGIRL:)

Congratz!!!
Not sure about the whole thing but good luck

Originally Posted by hawkeye2013

the answer is yes however there are a few factors that will determine what visa category you fall into.

1.) has your father filed an I-130 for you yet? or did he list you on his Naturalzation application?
2.) are you under or over 21? VERY important. if you are over 21, then you are no longer considered an "immedicate relative" but an "adult child" of a USC.
3.) what country is your family from? if you're from mexico, the NVC is barely working on applications from 1993.


technically you have no legal status. just protection from being deported if you commit an minor offense.

i'm currently waiting to be approved for DACA and also waiting for a family based visa. My mother petitioned for me back in 2001 and became a USC in 2005.

Originally Posted by numanimtiaz

Thanks a lot for this information, it really helps. I'll be 25 this november, and im from pakistan. Im not married, not planning on marrying for green card. That's the last thing on my mind, my parent can petition me as soon as he gets his citizenship next may or am going to talk to my attorney about what my dad can do if he is holding a green card will that benefit me in any way.

Originally Posted by Demise

He can petition you right now. Once he naturalizes you'll be upgraded from F2B to F1 and keep the priority date of the F2B. Ie. you save a year which you'd spend on twiddling your thumbs while you wait for him to naturalize.

Originally Posted by Demise

Yes your father can petition for you once he becomes a US citizen, in fact he could've the first day he received his green card (as long as you were unmarried). Might be a better idea to petition you now (as long as you're unmarried). You'll be in F2B category for now and will be upgraded to F1 once your father naturalizes - you save a year of waiting this way. *

Since you were a part of his petition in 1981 then you're covered under 245(i) and will be able to adjust status in US without a problem. Another option for you to adjust is to marry a US citizen, or if possible find an employer willing to sponsor you.

If you're married your father will be able to sponsor you once he naturalizes, you'll be in F3 category then. Note that your spouse will not be able to obtain status via you if she herself is in US illegally. You're a grandfathered derivative beneficiary under 245(i), you cannot have derivatives to a derivative.

DACA doesn't affect green card sponsorship in any way.

Also, if you're from Mexico, just be ready for a very long wait. F2B and F1 categories are really backlogged there (20 years). If you're from Mexico I'd recommend looking for an alternate path to adjustment (citizen spouse or work).


* - One giant maybe here is the CSPA retro-activity case. If you aged out due to processing times you could possibly retain the old 1981 priority date for your father's petition (ie. obtain a green card instantly). However the supreme court has to rule on this first.

Originally Posted by mmohs2

My mother has a 2 year green card, can she petition for me, Im a dream on DACA.