I-130 approved but im not sure if i am eligible for AOS...my case is complicated..plz

[jks123456 0]

In 2008 my mom (US citizen) filed I-130 for me. i was under 21 when she filed it. The case was approved in 2009 and sent to NVC. I came to US on F-1 student visa. Then in 2010, my mom passed away. Then my brother (US citizen) filed for reinstatement of I-130 as a substitute sponsor. The I-130 was re-approved in January 2014 and sent back to NVC for action. Since i am already in US and i fall under immediate relative, i want to file for AOS (adjustment of status). I want to know if i am eligible for AOS. but there is one complication, my F-1 visa is going to expire in march 2014. So please give me your suggestions and opinions, what would you do if you were in my situation?

Also i go back to india to get my visa, how long does that process take?

[DC85 113]

Did your catgeory changed ? I think now you gonna belong under new category, but you will keep your PD, which is siblings of USC, the wait time for this category around 12 yrs. check in the new apprval notice what category you belong to. if you still under the old category which I doubt then you need to check if CSPA applies to you. the best thing is to check with a lawyer.

your status is based on your I20 not the VISA

Did you apply for OPT ?

Edited February 13, 2014 by myafi1985

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~AOS from student visa~

[Hypnos 6,578]

Provided the I-130 was re-affirmed as an immediate relative petition (it should say on the approval notice) then you can file for AoS if you are already in the US provided you entered legally; any overstay you have would not be a barrier to obtaining your green card through being a beneficiary of an immediate relative petition.

You may wish to consult with an experienced immigration attorney before filing to confirm this is the case.

Edited February 13, 2014 by Hypnos

[jks123456 0]

Yes I-130 has been reapproved under the same previous category as immediate relative of US citizen under 21.The petitioner's name is still the same (my mom's). No information has been added of my brother's bcoz i called USCIS and told them about my brother being the substitute sponsor. and i entered in US legally.

[Hypnos 6,578]

Then you should be fine to file for adjustment; simply enclose a copy of the I-130 approval notice in lieu of an I-130 in your AoS packet and follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Your age was frozen on the day USCIS accepted your mother's I-130 for processing, so you remain under 21 and so an immediate relative in USCIS' eyes.

Edited February 14, 2014 by Hypnos

[jks123456 0]

Then you should be fine to file for adjustment; simply enclose a copy of the I-130 approval notice in lieu of an I-130 in your AoS packet and follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Your age was frozen on the day USCIS accepted your mother's I-130 for processing, so you remain under 21 and so an immediate relative in USCIS' eyes.

Thanks a lot guys. This is priceless what you guys are doing here. God Bless everyone.