Hello fellow immigration members. Heres my story. Ive been living here in the US illegaly since I was one. I am a filipino citizen. My father got approved for the i130 for a unmarried son petition on me on May of 2008. He is a permanent resident. I will be getting my visa/interview in about 4 months but it is said to be held in Manila Phillipines. Is there any way I can get my interview in Los Angeles? I contacted the NVC and they told me that I have to file a adjustment of status in order to have my interview here but for me to file a i485 I would need a visa first. Please someone give me advice on what to do because im turning 20 and I need to start my life ASAP! Btw my father filed the petition before i turned 18.
Sorry but I,m confused. First of all, how did you get here? Did you come on a visitors visa? Your father should have filed the petition here not in Manila since you are physically here.
You are not eligible for I-485 when you are in the US illegally and your parent is not a citizen. And when you leave the US for the consular interview, you will be banned for 10 years (if you left before you were 18 years and 180 days old, you wouldnt be banned ... but now you are 19?).
When did your father become a permanent resident? If you entered the US legally, and your father becomes a citizen and files for you before you turn 21, you can stay in the US to obtain a green card (as long as you dont get deported before that).
How did your father get his own green card? Is he married to a US citizen? Was it through 245(i)? If yes, you might be eligible for a green card through 245(i).
How come you did not adjust along with dad? Did he commit fraud to get his greencard by claiming to be unmarried when was really married? Does your B/C say that your parents were married?
Interview in the United States!