I-130 Question.?

Question

Here is the situation. My dad (PR) applied for me when i was in 18(2004). he did a I-130. it has been approved and in 07 they sent us a letter saying it is sent to NVC.

My dad will become a citizen by january 2009. I am now 22 years old and want to know what i can do, or if i am out of luck with this petition.

I will turn 23 i am single and live with them in the US. I have lived here with them since they brought me since 8 yr old.

we initially came here illegally. but my parents adjusted to PR by my Citizen brother. And in 2004 They did the I-130 for me.

Yes we came as a family illegally to united staes in 1991. My oldest brother(US Citizen) when he turned 21 applied for my parents to become LPR. And now my dad will become a US citizen too. But I want to know if by him becoming citizen does it help me any to adjust faster. or am i SOL. and probably have no future here

Answer 1

You have a very complicated case here!!! What is your present status in this country, a student on visa, HB1 visas, or you overstayed and out of status. You should let your father become a US Citizen and submit another petition for you. STAY OUT OF TROUBLE particularly with INS or you will face dire consequences.

Answer 2

Obviously, the petition was sent to the NVC because either your father indicated that you still lived in your home country or that you had no status in the US.  I'm guessing he said you were living back home. So, you do have some problems. You could go  back home and do your immigrant visa interview there, but you'd have to file for a waiver and I think you'll find that difficult. I don't think you'll be able to adjust to immigrant status in the US. However, you should certainly talk to a good immigration lawyer to explore your best option.