Unmarried son of a US Citizen trying to get green card

[Junior Flores 0]

What is the best option for me? My mother (a LPR at that time) submitted a petition on my behalf and it was approved in October 2019. I was living in my country of origin, and I was visiting her with a tourist visa on 1999 and 2000. I didn't know the benefits of the 245I and I was visiting her on October 2000 and left US on November 30, 2000. I am 47 years old.

 

I came back to US in September 2001 and I overstayed my visa up to today. My mother is a US citizen from 2018. I upgraded my “preference immigrant” category to F1 and I'm trying to explore what is the way to get a green card. I went to different immigration advisors/attorneys and I received mixed opinions: 1. "apply with 245I and see what happens, maybe because it's an old case, they'll give you a break"; 2. "apply with 601a waiver" and 3. "just do the adjust of status"... Please, I need really help. I don't want to apply for something and get a nice deportation letter in my mailbox. Thanks in advance for your help!

[Boiler 45,670]

You are out of status and can not adjust, not sure what you mean about being given a break, you qualify or you do not

[JeanneAdil 6,561]

245i for certain persons who do not normally qualify 

 

To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. 

 

u do not meet this criteria

Edited January 11, 2022 by JeanneAdil

[Junior Flores 0]

3 hours ago, JeanneAdil said:

245i for certain persons who do not normally qualify 

 

To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. 

 

u do not meet this criteria

It was filed on October 1999. 

[arken 4,197]

 

1 hour ago, Junior Flores said:

It was filed on October 1999. 

 

5 hours ago, Junior Flores said:

I was visiting her on October 2000 and left US on November 30, 2000. I am 47 years old.

 

I came back to US in September 2001 and I overstayed my visa up to today.

 

One of the eligibility criteria for AOS:

• Were physically present in the United States on Dec. 21, 2000, if you are the principal beneficiary and the petition was filed between Jan. 15, 1998, and April 30, 2001

 

Looks like you were not present on that day when it was enacted. So you are not eligible.

 

[African Zealot 1,455]

You’ve been out of status for twenty plus years, and you’re trying to adjust through your mother. You don’t qualify for the 245i as explained.

 

You are not married to a citizen or permanent president?

[JeanneAdil 6,561]

15 hours ago, Junior Flores said:

It was filed on October 1999. 

but u left making the 245i not available 

to adjust status in US ,  u have to stay

[Chancy 6,241]

*** Moved from Bringing Family of LPR to Bringing Family of USC forum, where topics about F1 cases are discussed ***

 

[Timona 4,207]

2 hours ago, African Zealot said:

You’ve been out of status for twenty plus years, and you’re trying to adjust through your mother. You don’t qualify for the 245i as explained.

 

You are not married to a citizen or permanent president?

 

I only know a few countries with these bottle heads-of-state. OP should be set for life in that regard. 🤣

Edited January 12, 2022 by Timona