[nckarm4]

I entered united states based on a 1 year humanitarian visa in 2006 and applied for an I-130 as a 2A preference because my dad was a permanent resident.now is the time for me to apply for my green card based on that but my lawyer is telling me I can't do that because I have been in the united states without a status since 2007.so I have to wait until my father gets his citizenship before I apply so USCIS will forgive me for being here illegally.is this true or is he just playing to get more money?

[NYcityboy]

Have you been out of status since 2007?

If so, then the attorney is probably correct. To be forgiven for being out of status or unauthorized employment under section 245(a), there must be a visa immediately available, in other words, you must be an "immediate relative" and not in the preference classification system. If you are now over 21, you are an FB-2B, as an unmarried adult child of an LPR.

Once your father naturalizes, then your case upgrades to FB-1 as the adult unmarried child of a USC. Please confirm this with another immigration attorney. Good luck.

[nckarm4]

No I was not.I have been in the U.S. pretty much illegally but does that effect anything?

[nckarm4]

No I was not.I have been in the U.S. pretty much illegally but does that effect anything?

[NYcityboy]

yes, if you are in the US unlawfully now, when you file to adjust your status in the US, it will be denied as you have no waiver for the immigration violations.

Confirm this with a different attorney.