Hey friends in this video, we're gonna talk about whether you should wait until your parent becomes
a us citizen before he or she files for you. If you're an adult who have overstayed in the us,
I'm going to answer a couple of questions that I get from you guys all the time about this process.
The first question is, well, will it be easier? And if a us citizen parent did it versus a green
card holder parent, and then also will I be able to adjust my status so that I wouldn't have to
go back to my home country for a visa interview, but before I get into it, thank you guys so much
for watching this video and for sharing my videos all over the world. Really, I, I really appreciate
what you guys are doing and how you're spreading the good word. If you have not yet subscribed to
this channel, go ahead and do so right now, before you leave today and hit the notification bell.
So that you'll be the first to get notifi of my videos each week. I'm attorney Lata, yya, McBean
POY and immigration lawyer in New York. But I work with clients all over the world on complex family
and business immigration matters. Contact us at McBean law at 5 1 6 8 6 6 3900 to discuss how we
might be able to help you, or you can book your consultation online@anyofthedayatmcbeanlaw.com.
Let's have a chat about this process because it can be very confusing, um, for many people. So is
it really better for a us citizen parent to file for an adult child who have overstay in the us?
Now, when I say adult child, I'm defining that to mean someone who is 21 or older, you may have
your green card holder, mom, or dad. And, um, you're just waiting until maybe they reach the
point where they could naturalize and become a citizen, or if they've had their green card
for a really long time, you're trying to them to hurry up and file for citizenship so that you can
start your process, whether your parent becomes a us citizen or not, does not change the fact,
or it will not change the fact that you are still not gonna be considered
an immediate relative of a us citizen. I at relatives of us, citizens are individuals
who, um, are children who are under 21 and unmarried. They're also parents of us citizens
and a spouse of a us citizen. That's it guys. Just those three groups are considered immediate
relative. If you're here in the United States and you're out of status or,
and you've also worked without authorization, you're still gonna face the same consequences
as others in a similar situation, meaning that you are gonna need a waiver at some point in order to
get through and finish this process and have the green card in your hands. Also, you're gonna be
in the family preference category, no matter what, right? If your parent to the us citizen,
you're still gonna be in the family preference system. Um, if your parent is, is a green card,
older LPR, you're gonna be in the family system, which means that you'll have to wait.
The visa is not going to be immediately available to you as it would an immediate
relative of a us citizen. Now, the second question is, well, will it be easier and faster
if a us citizen parent file for me, you're still gonna need the waiver that I mentioned earlier
because of unlawful presence. Again, this video is for those of you who had overstay in America
or have overstay in America. So you have unlawful presence on your record and you'll need a waiver
to deal with a bar to your re your reentry. If you were to leave America, your are gonna be barred
for either three years or 10 years from returning. And so to get over that issue, you're gonna need
a waiver before you leave America. Of course, you'll still need to also counsel process go to
a us embassy for an immigrant visa interview. Again, this is all under a us C. This parent
you'll have to do all of these things. The other thing I want you to consider is the visa bulletin.
There are two tables on the visa bulletin that you should pay very close attention to.
The first is table a, which is the final action, um, table, which shows which green card applicant
have priority dates that are current and ready for adjudication. Whereas table B dates for filing,
which means those of you who are here in the United States, you can now apply for adjustment of
status based on the date on this table. Um, and those of you who are abroad, you can submit your
documents to the national is a center. Um, and again, just a reminder that green cards will not
be approved until the priority date is current under chart a or table a for F1 category.
We see that the government is up to the adjudication date of December 1st,
2014. Now, if we jump down a little bit here to the F two B category, which is the category for
adult children of green card holders, we see that they're adjudicating those cases a little faster.
They're up to September, 2015. Okay. So that's really important to keep in mind here
that category, the F B category is actually moving a little faster than the F1 category. Is it better
to be in F1 versus F two B? Not really. Okay. Not really. Particularly with respect to the
speed of adjudication of, um, the applications before the government people usually ask, well,
if I'm here in the us already, my adult, my I'm an adult, I'm over 21 and my parent has filed for me.
Can I now, can I do adjustment of status? Well, you may have heard me say before that, firstly,
you cannot do adjustment of status if you, um, if a visa is not immediately available to you,
meaning your priority date is not current yet, and you have not maintained a lawful status,
you must be able to show that you've continuously maintained a lawful status in
order to be eligible for adjustment of status. You have maintained that lawful status. Let's say
you're here on F1, uh, student visa. You're still enroll in school. You can you plan to
continue your education for the next, you know, several years or however long your application is
pending in for the green card, then yeah, you can actually adjust your status when your date comes
up. When the priority date becomes current, just to summarize, is it faster, easier, better to wait
until your parent becomes a us citizen to start the process for you? And my answer is actually,
no. Start now start now when your parent is a green card holder, get in the queue, it's gonna
be a lengthy wait, anyway, at least five or six years before your priority date becomes current.
So get in line and, um, don't wait because there really is no true advantage to wait in
until your parent becomes a us citizen, friends. I hope you found this video
helpful to you. This was a chat, um, comment below. Let me know your thoughts on this one.
Be sure to also share it with other people. And guys, I will see you in the next one. Bye-bye.