There are a number of questions that an attorney will need to find out from you in order to best answer your question. Namely, are you protected under 245i? What is your history--are you inadmissible for any reason? Assuming you are not inadmissible (other than unlawful presence if you depart) and assuming you are not protected under section 245i, the provisional waiver (I-601) is an option to consider. Whether you'll be approved depends largely on potential hardship to your citizen father. Again, talk all of this through with an attorney. Most of us are available via phone or Skype.
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At first glance, you don't appear to qualify ... you're over 21 ... thus your father being a US citizen puts you into FB-3.
Thus, you probably need to go home to get the visa ... and to get a waiver.
Meet with an attorney before you do anything.
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Whether you qualify for adjustment of status depends on the facts of your case. I would feel hesitant giving you a definitive answer without having reviewed the entire file first.
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Not on the facts you give. You will need the I-601A.
The Court of Appeals for the Eigth Circuit has stated that "immigration laws and precedents are complex."
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You have not maintained lawful presence in the US, and therefore you would not be eligible to adjust your status while you remain in the US. You would need to depart and go to a US Consulate outside the US for your immigrant visa interview. It appears that you are likely eligible to apply for the I-601A Provisional Waiver. You would need to show that denial would result in extreme hardship to your US Citizen father and/or US Citizen mother.
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You need to consult an immigration attorney. Based on the facts you have given you do not qualify for 245i and will need a I-601 waiver.
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