Hello everyone, upon doing some research regarding my current situation, I stumbled upon this website. After reading a couple of threads, I wanted to try my luck and ask about my legality here in the U.S.
My story:
I came in here with my dad and my sister when I was 9 years old (I'm 17 years old now, turning 18 in December) with a b1/b2 visa. My dad, however, was able to find an employer that would sponsor him so that we can get a green card. After waiting years for our green card application to be finalized, we were distraught to find out that it was denied due to the insufficient income of the employer. He had the choice to appeal his I-140 case and he did so (despite the low chance of it working) and his attorney sent the extra documentations that the USCIS had requested. Currently, we are still waiting for the response and it has been 2.5 years. We have not heard from USCIS since then, and I'm worried that it will take more years till we get an answer. So my question is, am I still considered legal? If so, what documents do I need in order to prove that I am? And also, would it be better for me to leave the country (since the appeal has a low chance of working) before my 18th birthday in order to avoid a ban or should I just stay here and wait it out?
I'm in a really tough position right now because I have one more year left of school till I graduate. I want to finish high school here, but I feel like it won't be worth it if the appeal gets denied and I'm given a ban. What would you do if you were in my position?
if u still have a legal status and transferring to college before ur 18th birthday then try for F1. if u r illegal then before ur 18th try to go back home and apply for F1 from there. but always consult a lawyer. most of them will charge you $75-$150 but worth a second opinion.