US citizen parents filed under F3 for their son who is already in USA

[minglevi 0]

My friend's father who is US citizen has filed under F3 category for my friend who is already in USA ...

We checked priority date for F3 category is 8-August-2002 ...

We also heard that because he is already in USA ...he will be given priority over others who are in India...

is that true?

if that is true how fast his file will get priority date?

Or is it vice versa that he will get faster priority date if he would rather go back to India?

and wait there?

[Penguin_ie 5,993]

His priority date will not come and faster- or slower- because he is in the USA. He must stay "in status" all the time he is in the USA if he wants to adust status when his priority date comes up.

[Hypnos 6,576]

The son will need to wait until his priority date is current. If he is in the US at the time that it becomes current then he would be able to adjust status in the US, but only if he had remained in a valid nonimmigrant status for the entire time he had been in the US. If he had been out of status at any time, even if only for a few days, he would not be eligible to adjust status.

He has no priority over people that remain in India, just with the proviso that if he is already here legally he wouldn't need to return home for the interview, he could just adjust status within the US.

What is his priority date? You do not mention it so it's impossible to say how much longer he has to wait. For a petition filed today though, the wait is approximately eleven years.