F1-Category Petition Approved. Priority Date NOT yet Current. Admitted in US using B2 Visa. Eligible for AOS?

[loganonatniag 0]

Good day Guys,

We just want to inquire & seek for your wisdom regarding a certain case. The beneficiary is a 32-yr old male. Legally single, & currently in the US for the past month. He was legally admitted in the US using his B2(Tourist) visa, and was granted a six-month duration to stay. His mother, who is an American Citizen, has filed an immigrant petition for him five (5) years ago that falls under F1 family-based category (Unmarried son/daughter of a US Citizen over 21yrs old). His immigrant petition has a priority date of March 2008, and has been approved April 2011.

Back 2011, he received a letter from the National Visa Center (NVC) that his approved petition has been forwarded to their office, but unfortunately, no immigrant visa number was available for him as of that moment, & he has to wait until his priority date becomes current, before immigrant visa will be available for his case.

Came 2012, he applied for a non-immigrant visa, & fortunately was able to acquire a 10-yr multiple entry B1/B2 non-immigrant visa that allowed him to enter the US.

Our question is: Since he is already in the US & have an approved F1-Immigrant Petition, can he apply for an Adjustment of Status, eventhough his priority date is not yet current? We've browsed & read several articles online, somewhat similar to his case that lead us to the terms "Adjustment Of Status". Correct us if we're wrong, but would Adjustment of Status (AOS) closely fit his case? The only thing that makes him INELIGIBLE for AOS, as what we understand, is that, his Priority Date is NOT yet CURRENT at this time, looking at this months Visa Bulletin.

In this case, is there any other way for him to process his case while he is in the US? so he can legally stay in the US for good.

Your brilliant minds & advices would be a great help on this issue.

Thank you in advance Guys!

[aleful 1,905]

hi

no he cannot, he doesn't qualify to adjust status in the country, he cannot overstay he must return home before the 6 months of stay, he has to return and wait until his priority date becomes current, he will go through consular processing

what country is he from?

[loganonatniag 0]

Hello!

You mean to say that adjustment of status doesn't fit his case merely because his priority date isn't current as of the moment??? We are keeping our fingers crossed, that since he is already in the US, (admiited legally using his non-immigrant visa) & granting that his i-130 was already approved 2 yrs ago, he could apply for an adjustment of status eventhough his priority date isn't current yet. Does USCIS or NVC has a way of considering such certain case? He is from the Philippines.

[aleful 1,905]

he has to check the visa bulletin

there are hundreds of children over 21 that have been petitioned by parents, he has a waiting period, he is in line. immigration has a visa bulletin and every month a certain amount of visas are available depending on their priority date

for that country in December the F1 category immigration is working on petitions filed on or by July 1st, 2001.

so if his priority date is March 2008 and they are working on petitions file by 2001, then he still has around 7 years or more of waiting

here is the link for December's bulletin

http://www.travel.state.gov/visa/bulletin/bulletin_6211.html

check the column for your country for category F1

Edited November 12, 2013 by aleful

[apple21 953]

He's not eligible to adjust status.

[Ontarkie 14,501]

~~Moved to Bringing Family Members of US Citizens to America, from Adjustment of Status (Green Card) from Family Based Visas - As this is an F1 question not an AOS from K1 question~~

[NigeriaorBust 4,087]

In his visa class there are a limited number of visas available and he is waiting in line for his number to be there. There is no cutting the wait short and no special consideration for people that happen to "get into the US" He must wait until he can have a visa number and the wait is the same no matter where on earth he is ( about another 7 years)