1-30 and Overstaying

[Uchennak 0]

Hello. I was an international student but my i-20 got terminated because of financial difficulties in October.

My step mother should be starting the process of the i-30 for me soon and I was wondering if I could still file for an adjustment of status (i-485 I believe ) even though I have overstayed. Would I be deported at this point ? Or should I go home ?

[Boiler 45,676]

You have to have status to adjust.

[Hypnos 6,576]

How old are you now?

How old were you when your stepmother married your father?

[Uchennak 0]

How old are you now?

How old were you when your stepmother married your father?

I wasn't born yet. And I'm 18 now

You have to have status to adjust.

Thank you. So going home is a no no then ?

[Hypnos 6,576]

Then yes, you are considered an immediate relative of a US citizen until you are 21.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 (substituting stepparent for spouse) and make sure you include a copy of your father and stepmother's marriage certificate.

Edited January 26, 2015 by Hypnos

[Uchennak 0]

Then yes, you are considered an immediate relative of a US citizen until you are 21.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 (substituting stepparent for spouse) and make sure you include a copy of your father and stepmother's marriage certificate.

I have one more question: would it be wrong to go back home and do te process from there ? Or I'd be penalized for overstaying if I leave?

[Hypnos 6,576]

Yes, you should absolutely not leave if you pursue the adjustment of status route. Technically you would be able to travel as soon as you received your AP, but given your circumstances I would wait until you received your green card. It should be ~3 - 4 months until your interview at your local office.

[Uchennak 0]

Yes, you should absolutely not leave if you pursue the adjustment of status route. Technically you would be able to travel as soon as you received your AP, but given your circumstances I would wait until you received your green card. It should be ~3 - 4 months until your interview at your local office.

Ok thank you.

[NigeriaorBust 4,087]

IF you weren't born when your father married your stepmother , when did your father marry your mother ? IF he divorced the lady you call a step mother to marry your mother there is no relationship between you.

Edited January 27, 2015 by NigeriaorBust

[Jawaree 718]

If he was an outside kid yes the petition can go forward done by

step-mom

[Uchennak 0]

If he was an outside kid yes the petition can go forward done by

step-mom

do you know how long it takes ?

[NigeriaorBust 4,087]

If he was an outside kid yes the petition can go forward done by

step-mom

My husbands mother is unable to petition for any of his half brothers ( she is a step mother ) even though she raised them in concert with her bio children and the half brothers real biological mothers. So those sibling have to wait out the slower sibling petition.

[Uchennak 0]

IF you weren't born when your father married your stepmother , when did your father marry your mother ? IF he divorced the lady you call a step mother to marry your mother there is no relationship between you.

My father never married my mother. He was still married to my step mother when I was born. My mother died.

[NigeriaorBust 4,087]

My father never married my mother. He was still married to my step mother when I was born. My mother died.

So depending on the consulate you may need DNA to prove the relationship to your father or your father had to legitimize you in a manner acceptable to USCIS. If that has happened then your step mother must be able to show she had a family relationship with you.