Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.
I am unmarried 30 years old. Me parents became citizens of the US. Now I am in the US, waiting for interview, because I have pending asylum case. As I understand, my parents can fill Form I-130, Petition for Alien Relative. But am I qualify for Adjustment of Status? Should my parents fill Form I-485 at the same time of form I-130?
A:
Answer 1: Not necessarily. Answer 2: Probably not, but more information is needed. It may be in your best interest for your parents to file a form I-130 as soon as possible, but more information is needed!
It is not what you believe. You are subject to visa quotas. The Family first preference is not current for children of U.S. Citizens! This means that a visa is 'not' immediately available, so you cannot successfully adjust status. If you are deemed an overstay, should the asylum be denied, then you are disqualified for adjustment of status.
I strongly recommend an appointment with a competent and experienced immigration attorney before you miss opportunities that may eventually allow you to lawfully immigrate, sooner.
The above is general information, not legal advice, and does not create an attorney client relationship.
A:
Your parents can file Form I-130, Petition for Alien Relative on your behalf.
Now, if you entered with a visa, and overstayed your visa, you may qualify for Adjustment of Status.
But, if you entered without inspection or admission, you will have to Consular Process.
However, sons and daughters of U.S. citizens are not able to adjust status just now. There is a wait. Your are First -F1 preference. See this website for times: https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_july2020.pdf
I strongly suggest you confer with a trusted immigration attorney in your location. An immigration attorney will need more information on your case to give you a good advise. Please do not forget, Immigration law is very complex.
Good luck,
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