Q: Can i file l130 if im 22 and unmarried. My dad is. US ciztizen and i overstayed my visa
As mentioned im 22 and unmarried, I do have a baby here in the usa, I know that doesn’t change anything. I’m just curious to know if I could apply and adjust my status given my overstay. My dad is a Us Citizen
A: Your US citizen father can file an I-130 for you but generally, you won't be able to adjust your status if you overstayed. Consult an immigration attorney in private to see if an exception applies to your case.
Stephen Arnold Black agrees with this answer
A: Yes, your U.S. Citizen father may file a Form I-130 naming you as the beneficiary, however, you would need to file a Form I-485 to adjust your status to get work authorization and a green card. Because you are not a minor, you would have to wait until the I-130 is approved and a visa is available for your category before you can file the Adjustment of Status Form I-485. You should consult with an attorney to find out when you can adjust your status based on your category and particular circumstances.
A: If you overstayed your visa and you are more than 21, you are not considered an “immediate relative” of your US Citizen father for immigration purposes and thus cannot adjust status. You should explore options to pursue lawful permanent residency via other possible pathways with an immigration attorney.
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