[lyn2001]

I have been in this country for 8 years, my dad filed and my petition was approved I am over 21. This year my priority date will be current can I adjust status in the u.s if I overstayed my visa?

[newacct]

Unless you're in the Immediate Relative category (spouse, child under 21, or parent of a U.S. citizen), you need to be in status at the time you file for Adjustment of Status to be able to file for Adjustment of Status.

Since you're over 21, that means you are not in the Immediate Relative category (unless your dad is a citizen and filed a petition for you while you were under 21, and you are still considered under 21 by CSPA; but if that were the case, you could have filed for Adjustment of Status immediately, at the same time as the petition; so we can conclude that this is not the case). And since you are not in status now, you are not eligible for Adjustment of Status.

[NYcityboy]

I agree with newacct.

It is unlikely, but depending on the exact facts of your case, including date of entry and what was filed for you and what was filed for your parents, you may be eligible under section 245(I). Otherwise, you will need a waiver to overcome the unlawful presence. This is a complicated, so I would advise consulting with an experienced immigration attorney.

Good luck.