Legal Question in Immigration Law in Indiana

My priority date is October 17, 2008. I entered the county on a F1 visa my father petition on my behalf and I was approved before I become out of status. Does this make me illegal and how will immigration reform affect me?

Asked on 7/18/13, 2:55 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If you are age 21 or over (or under 21, but your father is not a U.S. citizen); are out of status; and have not applied for (or had anyone else apply on your behalf for) any other immigration benefit prior to April 2001, then you will not be eligible to adjust status in the United States. Moreover, if you depart the U.S. now, you will be subject to an unlawful presence bar.

Since there is no immigration reform legislation that has been enacted at this time, I cannot speculate how any prospective immigration reform laws might help you.

The filing of the I-130 petition by your father did not give you any legal immigration status. So, if you did not file an I-485 application prior to your F-1 visa expiring and if you are not currently in another, valid, non-immigrant visa status, then you are "illegal" at this time.

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Answered on 7/18/13, 3:27 pm

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