HotelAlpha

Hi all,

I entered America 3 months ago to visit my sister on B1/B2 visa. My sister sponsored my parents to immigrate to USA, and my parents immigrated here 1 month ago (i was already here). Can I apply for Adjustment of Status in F2A category? I turn 21 in October, my parents are waiting for their Green Cards to arrive, but have a document that acts as a Green card until their Green cards arrive. I lived with and worked for my parents in their daycare business back in the UK. Cheers all

-Hotel

SanDiegogirl

Yes, you can apply.....

Why/how did you have a B1/2 visa?

S Folinsky

I recommend you contact an experienced immigration attorney ASAP. Do not be put off if there is a charge for the consultation. There are issues best discussed in private with an attorney and NOT on a public forum.

Time and discretion are very much of the essence.

HotelAlpha

Got the b2 a few years ago to visit my sister. Pre-covid. Was planning a long holiday

SanDiegogirl

mmmmmmm.....an under 21 getting a B/2 'cause he wanted to visit his sister for a long holiday....

S Folinsky

Having had the visa from before appears favorable. From what OP tells us, an application is possible and might even work. But I see a minefield and a good mine detector and some good legal handholding is called for.

civilservant

Indeed. Even if the OP may have a path, one questions the veracity of the story. USCIS might too.

In this case I agree. One of those mines could easily blow up in your face.

scrubbedexpat099

F2a PD is current

S Folinsky

That it is. OP looks as to be what us legal types call “prima facie eligible” to apply for apply for adjustment of status. At least for now. Ah, but that mine field.

scrubbedexpat099

Adjusting status from a B is not exactly uncommon.

steph0scope

Maybe he is a nationality that’s not VWP-eligible?

SanDiegogirl

I presumed he was a Brit as he said he lived and worked in his parent's daycare business in the UK.

.and in his response he did not say he was not a Brit or ineligible for the VWP

HotelAlpha

I'm a brit
I had a vwp before, let it expire. Then I got a b2 for long holiday

civilservant

One wonders if you informed the officer that you had parents that were soon to arrive in the US as PRs.

scrubbedexpat099

Highly unlikely he would have been asked and as Mr F has said if you are asked do you know what the time is the answer is yes or no.