QUESTION

Can I stay in the US if my dad filed an I-130 form for me and it got approved?

Asked on Nov 05th, 2012 on Immigration - New York
More details to this question:
So me/my parents came on a tourist visa in 2006 because my sister was pregnant and was due soon. But we extended our visa 6months more. But we needed to stay longer to help my sister out so she applied for my parents and they got their green cards in around 2008. But she couldn’t do anything for me. So after about 6-7months my visa expired, my dad filed an I-130 form for me and it got approved. But I also applied for a green card but it got declined because I was out of status for like 6-7months and my visa was not available. So my lawyer told me just wait until your dad becomes a citizen since I’m under 21 and then I will automatically have a green card. I am currently almost 18 1/2. My dad can apply for citizenship around July of 2013. But my lawyer also told me that my visa was available now and If I went to turkey for a couple of weeks in 3 months, I can get my green card in a couple of months. Now I don’t know what to do. Either wait for my dad to become a citizen which is hard for him because he doesn’t speak much English... or do what my lawyer told me which sounded fishy. Please help me out, I want to have a good life in this country. I’ve never done anything bad in my life, never drank smoked or did drugs. I just want a life with good career. If you can respond to me asap, that would be really great. Thank you.
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4 ANSWERS

It appears that your attorney does not know the immigration law. Retain an attorney who does; he/she will tell you how to handle the "separation" from your current counsel. First of all, don't leave the U.S. If you do, you will not be able to come back, in any status, for 10 years. In terms of the immigration law, you will become inadmissible as a person who is present in the U.S. without authorization for over 1 year. (Technically, your parents could apply for a waiver of inadmissibility (a permission for your re-entry to the U.S.), but it is difficult to obtain; and there is no reason to place yourself in position where you would need it). Second, when your father becomes a U.S. citizen, you will not get a green card automatically: your father would have to file an I-130 petition for you, and you will have to file an application for adjustment of status. It would have to happen as soon as possible, because the process takes time, and you need to be under 21 and unmarried when it is completed. Otherwise, you will no longer be an immediate relative, and not covered by the exception that allows you to adjust status despite the fact that you are not in a lawful immigration status. (Of course, if you marry a U.S. citizen, and she files an I-130 petition for you, these rules will not apply - you will be able to adjust status at any age.) Ask your new attorney whether your father or mother might obtain a medical exemption from the English language and civics examination for naturalization. If they can't, it is on you to make sure they understand that one of them must become a U.S. citizen so you could become legal. You will also have to find a good ESL program for them. It does not have to be expensive; many community colleges and local civic organizations have excellent ESL programs. Do not disregard the programs that are available on Internet and from numerous software programs, but nothing can replace a live instruction and class interaction experience. And, of course, you should become your parents' primary ESL teacher; what you think you lack in qualifications is amply compensated by your own experience in learning English, by the insights you have as a bi-lingual person, and by the trust and love that exists between you and your parents and will help you overcome this daunting task. Just don't let a single day slip by without your parents learning at least 5 new English words - and without your reminding them that they *can* learn enough English to pass the naturalization tests. Finally, if you graduated from a high school (or still a student) and have no significant criminal history, you can apply for work authorization under Deferred Action for Childhood Arrivals program. Being able to work, obtain Social Security number, and driver's license can make your life a bit easier while you wait for your father's citizenship and approval of his petition for your green card.
Answered on Nov 12th, 2012 at 10:20 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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If you leave to Turkey, you will be barred to come back for 3 years and if you stay until you are 19, it will be 10 years. Only a waiver can get you back sooner and you never know if it will be approved. Your father should make it his life mission to learn English since you will be separated from your family otherwise.
Answered on Nov 08th, 2012 at 4:08 AM

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Your lawyer sounds like he is absolutely wrong because if you are already over the age of 18, you are accruing unlawful presence time and if you depart you will be barred from reentry for 3 years if you have been unlawfully present for 180 days past your 18th birthday.
Answered on Nov 08th, 2012 at 3:30 AM

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Immigration Law Attorney serving New York, NY
If you are 18 if you leave you will be subject to a three-year bar because of six months unlawful stay in the U.S. after your 18th birthday. I would suggest retaining another counsel to assist you.
Answered on Nov 08th, 2012 at 3:08 AM

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