25 years student on expired Visa (Mother is U.S. Citizen)

Q: In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15 - DREAM act hopeful). I went through 4 yrs of high school, got my HS diploma followed by an associate degree from a community college and now I'm a senior at an university; will graduate end of this year.


My mother was married to a U.S. citizen in 2005 but she waited till she became a permanent resident to file for mine because she was told by the lawyer that I could get deported if she filed mine with hers. By the time she became a permanent resident and filed for my papers, I was aged out. I was born in 10/13/1985 and my I-130 was filed on 12/08/06 right after I turned 21, which means I don't qualify for CSPA anymore.

When my mother became U.S. citizen simultaneously my I-130 was approved and now waiting for the visa availability; the priority date is Dec 08, 2006, F1 but F1 has been May 1, 04 for a while. USCIS agent told me to file I485 when the visa availability becomes current but people on forums told me that it won't help anyway and my only out is to marry a citizen or wait till September to have resided here for 10 years without causing any trouble (no criminal history).

Now, many people ask me why my mother didn't file for my papers with hers and I would be citizen or permanent resident by now etc. But that's in the past. Now that I can't qualify for CSPA, what can I do? By this September, I will have resided in the U.S. for 10 years undocumented, this really sucks, I can't do anything other than going to school. What are my outs? Your help will be greatly appreciated.

A: The only realistic solution is obtaining permanent residency through valid and bona fide marriage to a USA citizen. The DREAM Act hasn't been approved and hasn't become a law yet. If and when it becomes a law, you can possibly have some additional legal options.

Your mother couldn't have petitioned for you when she applied for a green card because you were 19-20 years of age when she got married. Her subsequent petition doesn't help you much because you are out of status, and in this visa category under circumstances, adjustment of status will not be allowed (even if priority date is current).

There is no independent right to apply for a green card after being in USA illegally for 10 years - this is so called "urban legend". What people probably meant is that some people in removal/deportation proceedings can apply for cancellation of removal (one of the requirements is at least 10 years of uninterrupted residence).