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What legal status do I have?

Madison, WI |

I came to the United States with an F2 visa under my father. I applied for a change to F1 that was denied and years later my father obtained permanent resident status. Do I still have F2 status or no legal status and will USCIS grant me deferred action? Thank you for the reply.

(To answer the question of Attorney Vaisman): I was not included in my father's adjustment because he obtained permanent status when my sibling who is a U.S. citizen turned 21.

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Attorney answers 4


were you included on your father's adjustment applications or did you age out by that time?

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.



I was not on the adjustment and I was over 21 at the time.


Your F2 status was tied to your Father's F1 status. Once his F1 visa expired, you no longer maintained F2 status. This means that you have been accruing unlawful presence in the U.S. since your F2 visa expired. Whether you are eligible for Deferred Action cannot be determined from the information you have given and you should consult an immigration attorney to determine your eligibility.


Out of status, and deferred action is not likely.

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.



The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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