We’ve been living legally in the US for more than 15 years. My father applied for a green card through an employment based immigrant visa and the petition was pending approval from USCIS. We are currently living in the United States under adjustment of status (AOS) until my I-485 is approved. Both my parents received their Green Cards. But, by the time my petition is approved by USCIS, the Priority date has retrogressed and I just need to wait for that date to become my date. Then I should receive our green card. I have SSN, drivers license, work authorization and my parents filled for tax returns. On the common app, there is no place for my case. Since I don’t have a valid visa/green card if I choose I currently do not have a valid U.S. visa and explain my case in additional information I will be considered as an international student, which I am not. I did all my schooling to date in US. Does anyone has/had the same issue? Any advice how should I proceed? Thanks
But the fact is, you are. For admissions, the mere fact that you live in the US does not matter. How long you’ve lived in the US does not matter.
If you don’t have your green card by the application deadline, you apply under your current status. If you receive your green card prior to the decision date, you update the college at that time
How do you not have a valid visa, if you say you’ve “been living legally in the US for more than 15 years”?
If your father has applied for an employment based green card he must have an H1, and therefore you must have an H4 visa. What am I missing?
Since all your schooling is in the US, your application will be considered in the context of your US high school. But you’ll be part of the international applicant pool as Ski mentioned.
You should contact the international student office at the colleges you are applying to. They will likely know. This is a somewhat common problem but AOs and forum members like me are not well-positioned to answer.
The visa might have expired long ago. A pending Adjustment of Status application lets him stay in the U.S. legally.
Actually you are an international student until your permanent residency is approved.
BTW I haven’t heard of children’s green card getting stuck due to priority date issues when parents’ cards were approved.
The visa may have expired, but her/his status should still be H4.
Anyway, regardless of the legal technicalities and terminology, the answer to OP is unchanged: s/he will be considered an international applicant.
Pending I-485 is really its own status. But I agree on international student.
Thank you
This is an unfortunate situation that officer who has my GC application could not process it along with my family members and on time and priority dates retrogressed.
That is correct, Pending Green Card application processing lets stay legally in US
Thank you all for your kind responses. It seems like it would International student unless any specific college considers High School residency certificate as admission
How old are you? Check with a lawyer to see what happens if you have an AOS pending and you turn 18.
Edit: Luckily for you, from an immigration standpoint you are a child until you turn 21. So, it looks like you are good so long as your 485 gets approved before you turn 21.