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Question for becoming LPR

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My parents(they are LPR) are going to apply for me to become an LPR (I will be 17).

I am in the US with my parents with no legal status.

I want to know if I can leave the country to Mexico while my application is being done. I want to leave because I have been told that I should not be in the US after my 18 1/2 birthday because I will start a ban that will prevent me to come to the US after I leave.

Is it safe for me to leave while my application is being processed and will the application still be in if I leave the US? Will be able to come back to the US as soon as my LPR status is set?

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How did you enter the US?

This is very important. If you didn't enter legally then even as an immediate relative of a US Citizen you can't adjust status within the US.

If you entered legally then you'll still have to leave the US because your parents are only LPRs, overstay is only forgiven for certain immediate relatives of a US Citizen.

Here's the important part for you: If you leave the US before you're 18 1/2 then you've technically accrued no illegal presence. After that you'll trigger a re-entry ban upon leaving the US.

Please be specific about your entry into the US, did you go through a checkpoint? If so what was said, was there a claim of being a US Citizen?

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Hey thanks for answering. I entered illegally. I had no choice as most other minors who enter the US illegally.

I'm just wondering if it is best to leave the country as soon as I graduate high school which is fortunately before I turn 18. And will I still be able to adjust from my parents while they are in the US and I am in Mexico?


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Are they here legally?

It is important you leave before you are 18.5 as this is when you will trigger a ban. If you do do you will have the opportunity to obtain a green card in the future without needing a waiver if you have a legal way to do so.


I am the USC, husband is adjusting from B2.


08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!


11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!


Filing in November 2013

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Yes, you should leave before your 18 1/2 birthday. You will not be "adjusting;" you will be chasing after an immigrant visa that will give you LPR once you enter the US with it. How old are you now? You say you will be 17. Does that mean you are 16 now?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

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