Tourist Visa Stay Status Dilemma

[joks 4]

I came into the US with a tourist visa. I was in the process of adjusting my status with the help of my wife but unfortunately we had issues and divorced. This hindered my process as she refused to attend the interview. My process was denied and at this time by tourist visa has expired but i didn't go back to my home country.

What options do i have? At the moment my father is a permanent resident and my sister is a citizen. Would either them be able to help me out and what route would that be

Thank You for all your help 

 

[Kanja 201]

Just now, joks said:

I came into the US with a tourist visa. I was in the process of adjusting my status with the help of my wife but unfortunately we had issues and divorced. This hindered my process as she refused to attend the interview. My process was denied and at this time by tourist visa has expired but i didn't go back to my home country.

What options do i have? At the moment my father is a permanent resident and my sister is a citizen. Would either them be able to help me out and what route would that be

Thank You for all your help 

 

It will really depend on your individual circumstance. This may be the time for a good immigration attorney.

[Boiler 43,576]

You are out of status, probably will have a ban so best bet is to find another USC to marry.

[Lil bear 3,840]

Just now, joks said:

I came into the US with a tourist visa. I was in the process of adjusting my status with the help of my wife but unfortunately we had issues and divorced. This hindered my process as she refused to attend the interview. My process was denied and at this time by tourist visa has expired but i didn't go back to my home country.

What options do i have? At the moment my father is a permanent resident and my sister is a citizen. Would either them be able to help me out and what route would that be

Thank You for all your help 

 

You have an overstay which will be a problem. I do not believe there is an AOS available through either of the relationships… even if you were in valid status. Your only AOS route has basically gone   Others will chine in with some unusual slim chance option though ..  

[Crazy Cat 39,363]

19 minutes ago, joks said:

I came into the US with a tourist visa. I was in the process of adjusting my status with the help of my wife but unfortunately we had issues and divorced. This hindered my process as she refused to attend the interview. My process was denied and at this time by tourist visa has expired but i didn't go back to my home country.

What options do i have? At the moment my father is a permanent resident and my sister is a citizen. Would either them be able to help me out and what route would that be

Thank You for all your help 

 

Under current law, if you are (or have ever been) out of status, you can never adjust status through your father or sister in the future.   How long have you been out of status?

Edited December 2, 2022 by Crazy Cat

[Chancy 6,233]

*** Moved from Bringing Family of LPR forum to AOS from Work/Student/Tourist Visas forum -- OP is already in the US ***

 

[joks 4]

56 minutes ago, Crazy Cat said:

Under current law, if you are (or have ever been) out of status, you can never adjust status through your father or sister in the future.   How long have you been out of status?

Approximately more than a year

[Boiler 43,576]

So a 10 year ban when you leave.

[joks 4]

41 minutes ago, Boiler said:

So a 10 year ban when you leave.

So basically leaving the country will be a bad idea 😭

[OldUser 4,931]

9 minutes ago, joks said:

So basically leaving the country will be a bad idea 😭

Is it a better idea to look over your shoulder for the rest of your life? Have no access to decent job? Etc etc

[Boiler 43,576]

45 minutes ago, joks said:

So basically leaving the country will be a bad idea 😭

I never said that.

[Rocio0010 5,569]

49 minutes ago, joks said:

So basically leaving the country will be a bad idea 😭

Better than leaving in the shadows imho

[Lil bear 3,840]

2 hours ago, joks said:

So basically leaving the country will be a bad idea 😭

Leaving is what you should do. It comes with known consequences.. rather than unknown . 

[Mike E 11,723]

12 hours ago, joks said:

At the moment my father is a permanent resident and my sister is a citizen. Would either them be able to help me out and what route would that be

Dad and sis each file I-130 for you.  

 

You leave to wait out your 10 year ban.  At the end of which  your visa number based on your dad’s petition should be current. 
 

Become a student of the visa bulletin https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-december-2022.html

 

As you see, unless you are from the Philippines, it is better if your Dad doesn’t become a U.S. citizen.  If your Dad becomes a citizen, he must notify USCIS.  

 

If you remarry, your Dad has to file a new I-130. At that point your visa number based on your sister’s petition will might come through first.  

[Demise 1,099]

21 hours ago, joks said:

I came into the US with a tourist visa. I was in the process of adjusting my status with the help of my wife but unfortunately we had issues and divorced. This hindered my process as she refused to attend the interview. My process was denied and at this time by tourist visa has expired but i didn't go back to my home country.

What options do i have? At the moment my father is a permanent resident and my sister is a citizen. Would either them be able to help me out and what route would that be

Thank You for all your help 

 

Have father file I-130 for you as an F-2B (unmarried son or daughter over) wait for the priority date to become current (6+ years), pay for DS-260, file I-601A using your LPR father as your qualifying relative, have it approved, file DS-260, get your interview date, leave, attend your consular interview, get your immigrant visa, and come back. If you leave before then you will get a 10 year ban, in case of which the process is similar: wait for I-130 priority date to become current, file DS-260, get date for consular interview, show up, get denied, file I-601 using your father as a qualifying relative, wait for it to get approved, get another consular interview date, get your immigrant visa, come back.

 

Only important thing here is that you don't remarry before your father naturalizes as that will kill the F2B petition. If you marry after he naturalizes that'll drop you down to F3.

 

Alternatively if you can find an employer to sponsor you the process will be the same, shorter, and with an labor certification and I-140 rather than I-130.

 

Alternatively you could marry some other US Citizen. Just keep receipts that your first marriage was legit while it lasted.

 

8 hours ago, Mike E said:

Dad and sis each file I-130 for you.  

 

You leave to wait out your 10 year ban.  At the end of which  your visa number based on your dad’s petition should be current. 
 

Become a student of the visa bulletin https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-december-2022.html

 

As you see, unless you are from the Philippines, it is better if your Dad doesn’t become a U.S. citizen.  If your Dad becomes a citizen, he must notify USCIS.  

 

If you remarry, your Dad has to file a new I-130. At that point your visa number based on your sister’s petition will might come through first.  

I will point out that parent's naturalization after an F-2B I-130 has already been filed and the beneficiary remains unmarried is not a detriment. Section 6 of CSPA (INA 204(k)) lets the beneficiary opt out at any point of the upgrade from F2B to F1. So in this case it's their choice whether they want to be treated as an F1 or F2B.

Edited December 3, 2022 by Demise
fixing some typos