Visitor Visa Expired, No Green Card—Dad Trusted the Wrong Person

[milkywaybeet]

Location: Durham, NC

I’m really stuck and could use some help figuring out what to do.

I’m 25 now, turning 26 this November. My younger brother is 21, my little sister is 16, and our mom—all of us are Dutch citizens. Back in June 2018, when I was 18, we came to the U.S. on visitor visas to live with our dad, who’s a naturalized American citizen. We moved here thinking he had already taken care of our green cards, but within the first week, we found out he hadn’t even applied.

Instead, he gave our documents to a friend of his who said he’d handle the process—but this person wasn’t even a lawyer. Nothing ever came of it, and now it’s October 2025. Our visas expired a long time ago, and both my brother and I are over 21.

Is there anything that can be done?

[rkk09]

Hi,
This is really critical situation.
Your father can file the petition for spouse, unmarried children under 21, unmarried children 21 and older. But, only immediate relatives (spouse + unmarried children under 21) can adjust status inside the US even after a visa overstay, as long as they entered legally. The problem here is, you and your brother petition can not be filed by your father as you both will not come under “immediate relatives.” category now. He can file under F1 category for both of you but waiting period is so long and it will not help you to stay in the USA during petition is pending.
Another problem is, if you leave the country you will be surely barred for 10 yrs to reentry.
You will need to immediately consult Immigration lawyer for further course of action.
Thanks