My mother is a permanent resident since 2010. She gained residency from my citizen older brother. I am 20 years old, I applied for deferred action and I have my work authorization and social security number. I know that the visa bulletin for my mother's category in now current, which is F2 i believe. Can i apply and have chances to gain my green card? If i do, do i need to filed I-130 and I-485 together? I am a visa overstayed came in 2004 when I was 11 by the way. Please help with clear answers.
As you can tell from the other answers, you cannot adjust status. What procedures you may follow to obtain status are tricky and you need to work with a lawyer to ensure you do not make a mistake that leaves you overseas unable to return or somehow committing an act that jeopardizes any future potential for immigrant status.
Even though the Visa Bulletin shows 2A preference category will be current (spouses and minor unmarried children of permanent residents), you cannot apply for adjustment of status due to the fact that you are out of status. Your mother can file an I-130 at this time. However, unless you are 245(i) eligible, you cannot file I-485 at this time.
I agree that you are apparently ineligible to adjust status in the U.S.. However, what you might be able to do is this: arrange to be scheduled for an interview at a U.S. consulate in your home country and then, when it is scheduled, apply for advance parole on the basis of your Deferred Action status. While normally a person who, like you apparently, has been unlawfully present in the U.S. for over a year would be barred from returning to the U.S. for 10 years once he departs the U.S., according to a recent decision of the Board of Immigration Appeals that rule should not apply to someone who leaves the U.S. with advance parole. Therefore, assuming you don't have a criminal record and have never been ordered removed or committed fraud, if you are granted advance parole then you should be able to go to your home country to get an immigrant visa and return in a few weeks as a permanent resident. But you have to act quickly because you are in danger of "aging out" into the much longer F2B category if you don't take action to apply for a visa within a year of your priority date becoming current. Of course all I am doing now is giving you a suggestion for your consideration, and naturally you need to consult in depth with an immigration attorney to get a full understanding of the risks involved in such a course of action.
I am not your attorney and this is not legal advice. I have not done legal research to confirm the accuracy of this answer. I may be retained, for a fee, to issue a formal legal opinion on this issue, which may prove to be different than the answer given here.
Michael E Piston
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