Mom is LPR, can I overstay my visitor visa

[lidail 0]

Nope, she just had the green card, so applying for I-130.

[f f 725]

odds are you will turn 21 before your priority date is current which would bump you into a different priority category. if your mom naturalizes before you turn 21 you will be fine though.

[lidail 0]

This is one of the issues making us so frustrated, which is why we're gonna give our case to an experienced lawyer and check how things will go from there. We're also hoping the CSPA will be useful in my case.

Edited September 30, 2017 by lidail

[Suss&Camm 2,213]

5 minutes ago, lidail said:

This is one of the issues making us so frustrated, which is why we're gonna give our case to an experienced lawyer and check how things will go from there. We're also hoping the CSPA will be useful in my case.

That's good and all, but neither a lawyer nor the CSPA can change your circumstances for eligibility.

[Suss&Camm 2,213]

If you are thinking of going to school (since you are at that age) you could always apply for a university and once accepted apply for a F1 visa. That way you could legally stay and get an education while waiting out the process to residency

[lidail 0]

That could, indeed, be a way to bypass all the struggles. If things complicate themselves, I wont have any choice other than do what you're suggesting. Thank you for the valuable insight.

[caliliving 606]

25 minutes ago, lidail said:

That could, indeed, be a way to bypass all the struggles. If things complicate themselves, I wont have any choice other than do what you're suggesting. Thank you for the valuable insight.

when could your mom become a USC? did she just get her greencard?

going to school is a great idea bc u would get a us education and that will help dramatically with work prospects after

[geowrian 22,336]

1 hour ago, lidail said:

This is one of the issues making us so frustrated, which is why we're gonna give our case to an experienced lawyer and check how things will go from there. We're also hoping the CSPA will be useful in my case.

If your mom files, your CSPA age will pause while the I-130 is pending. However, an immigrant visa number likely won't be available for at least 18 months. So it may come down to how old you are right now (i.e. 20 plus x days) and how quickly/slowly they process the I-130. If you just turned 20 when your mom files, you have a decent shot. If you're like 20 years and 6 months old, you have a very little chance to avoid aging out into the F2B category (with ~7-8 year wait IIRC), and you cannot marry.

 

If your mom becomes a USC, your age (as of when she naturalizes) will freeze under CSPA. So if you are under 21 at the time, you'll be fine (and can AOS in the US if you're still here, too). Otherwise, it's back to the ~7-8 year wait (marrying is allowed here, but will significantly increase the wait again).

 

Seeking further advice is fine, but just be aware that this is law and not something they can get around.

[NikLR 13,220]

Considering that "mom" just got a green card, I will add that it's highly doubtful she will be naturalizing anytime soon. 

[Coco8 1,039]

3 hours ago, f f said:

odds are you will turn 21 before your priority date is current which would bump you into a different priority category. if your mom naturalizes before you turn 21 you will be fine though.

I think the mother just got the GC so she cannot become a citizen in one year.

 

3 hours ago, lidail said:

That could, indeed, be a way to bypass all the struggles. If things complicate themselves, I wont have any choice other than do what you're suggesting. Thank you for the valuable insight.

You should file immediately and do not overstay. If you do, you won't be able to use your visitor visa again. That is, your GC might take 2 years or it might take 7 years if you go past 21 years of age. If you overstay, you won't be able to visit your mother for 7 years. 

 

 

 

 

[D&Kcrump 1]

I know someone who could not visit the US for 10 years, because they over stay... so i suggest you don't.

[Roel 7,191]

Well it's not about a ban for Op. If they overstay even one day they will not get a green card, their petition will be denied. Student visa might be an idea if you have enough money to proof you can study in the USA. 

[maryLu 58]

Do not overstay the consequences are not good. Go home and find other ways to come here legally: employment , DV lottery, student, etc. Once you have unlawful presence is game over  . Not worth it!

 

[Coco8 1,039]

1 hour ago, Roel said:

Well it's not about a ban for Op. If they overstay even one day they will not get a green card, their petition will be denied. Student visa might be an idea if you have enough money to proof you can study in the USA. 

It is not just about the money. He/She has to be serious about studying, otherwise they will smell it is an excuse to be with family and they will deny the visa.

[jan22 2,918]

15 hours ago, lidail said:

That could, indeed, be a way to bypass all the struggles. If things complicate themselves, I wont have any choice other than do what you're suggesting. Thank you for the valuable insight.

You do have another choice -- the legal one of living up to the terms of your tourist visa and departing the United States before you overstay.  Overstaying while you try to find a way to get around immigration laws will cause nothing but problems in your future attempts to immigrate.

 

To legally study in the United States, you would need to have a student visa. For that, you will need to leave the United States and apply in your home country. That student visa is unlikely to be granted if you have overstayed the tourist visa.

Edited October 1, 2017 by jan22