Adjustment of Status for F-1 Students question?

[Ericpham 0]

So, I have been looking for information about my case but mostly I saw only marriage cases.

In my case, My mom has 2-year Greencard thru marriage and she is applying to Remove her condition in March.

My status is F-1 Student. I am 22 now and single. I am living with my mom in California right now.

She filed I-130 (Permanent resident filing for over 21 unmarried child) for me in November 7th 2012 and we got the Receipt Number already. (California Service Center)

My question is, do I have to file I-485? Does it gonna make my adjustment of Status faster than I-130 alone? the estimate processing time at CaService Center is ~27 months.

Thank you.

[Darnell 8,479]

LPRs are not eligible to file as petitioner / sponser for an adjustment of status case.

[Ericpham 0]

How about when my mom become U.S Citizen?

[Harpa Timsah 13,258]

I believe you could file I-485 if your priority date were current, but I know it is not. Overstay is not forgiven for children of LPRs nor for adult children of USCs, so you will need to leave when your visa is up and come back when you can obtain the visa.

Edited February 28, 2013 by Harpa Timsah

[Darnell 8,479]

Maybe your Mom can find nice Vietnamese Woman, who's a USCitizen, for you ? That type of AOS (based on marriage to a USCitizen) is much easier for a student.

So, ask your Mom to touch base with her friends - she probably has lots of connections with daughters around your age.

[Harpa Timsah 13,258]

Maybe your Mom can find nice Vietnamese Woman, who's a USCitizen, for you ? That type of AOS (based on marriage to a USCitizen) is much easier for a student.

So, ask your Mom to touch base with her friends - she probably has lots of connections with daughters around your age.

I like you Darnell, but really?

Edited February 28, 2013 by Harpa Timsah

[newacct 688]

I agree with Harpa Timsah. You have to wait until the priority date is current before you can file I-485. You seem to be in the F2B category; the current priority date is Mar 2005, so a wait of 8 years. During this wait, you have to maintain legal status here or leave (the I-130 does not grant you any legal status).

If your mom becomes a U.S. citizen (she is eligible to file for naturalization 3 years after she gets her green card assuming she's still married to a U.S. citizen; that is 1 year after Removal of Conditions), the petition can be upgraded to the F1 category, but the dates there don't seem to be much better either (currently Feb 06).