I have been in the united States since 2017. My parent petitioned for me in 2019 as an unmarried over 21. She was a LPR

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Customer: I have been in the united States since 2017. My parent petitioned for me in 2019 as an unmarried over 21. She was a LPR at the time. Now she's a citizen. However, the time frame for processing is still long. I am looking for any other immigration path that can be applicable to me. I am thinking of going to school for nursing...but I am not sure if that is too late.
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: Yes in 2019
JA: Do you have precise dates? Or a rough time frame?
Customer: I petitioned as an unmarried over 21 in March 2019. The priority date is March 22, 2019.it was submitted to the California center which is showing 69months processing time. I have just used 42months.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's all I have for now
Answered by Shari MoidelEsq in 2 mins 2 months ago
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Shari MoidelEsq
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Shari MoidelEsq, Expert

Hello and welcome to Just Answer. I am an immigration attorney with over 30 years experience and while this does not create an attorney/client relationship, and any responses/answers given cannot be construed as legal advice, I note the following:

How and when did you last enter the US and at what age?

Kind regards,

CustomerEsq.
Customer
I entered USA in July 2017 through B1/B2 visitor visa. I was 31
Customer
I don't have the amount for the cal now...is it possible to talk here...I will try and work on the phone call before the week runs out
Customer
Hello
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Shari MoidelEsq, Expert

You've fallen out of status. Therefore, you cannot change status within the US.

You are also accumulating "unlawful presence."

If you leave the US to apply for a new visa, you will not be allowed back for a decade without a waiver.

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Shari MoidelEsq, Expert

I think you just replied by opening a new chat.

I cannot hold two chats with you at the same time.

Customer
Thank you for your response. However, that was not my question.I already know the info given. A I-130 was submitted in 2019...I was asking if there are any other options available in my situation. Like can I go to school, can I file for work authorization while waiting to be approved. Anything atall?
Customer
Oh sorry for that. This was my reply
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Shari MoidelEsq, Expert

I believe I squarely answered your inquiry.

Your question: 

I am looking for any other immigration path that can be applicable to me. I am thinking of going to school for nursing...but I am not sure if that is too late.

My answer:

You've fallen out of status. Therefore, you cannot change status within the US.

You are also accumulating "unlawful presence."

If you leave the US to apply for a new visa, you will not be allowed back for a decade without a waiver.

What is not clear?

Whether you wish to work or study, you cannot.

If you leave the US to apply for a new visa, you'll be barred from coming back.

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Shari MoidelEsq, Expert

Good day.

Customer
you are saying the I-30 petition filed in F2B category on uscis website is invalid.And also what's your advice in this type of situation?
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Shari MoidelEsq, Expert

No, I never said that.

The alien petition remains valid- as long you haven't invalidated it by getting married.

It's your mother's petition; not yours.

Once a visa is available, you'll have to look at the law at that point to see if you can adjust status in the US to permanent resident, or alternatively, can qualify for an "unlawful presence waiver" to be able to obtain an immigrant visa at a US embassy abroad.

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Shari MoidelEsq, Expert

If you would like to ask me an entirely new immigration question in the future, just open a new chat. Put “For Shari” at the outset, and if able, I will answer.

Customer
Thats fine. Thanks.
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Shari MoidelEsq, Expert

You're welcome.

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