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Filed: F-1 Visa Country: India
Timeline
Posted

Hello all,

I am citizen of India and I have been in USA for more than 7 years on my F1 status. I had visa that expired back in Dec. 2011. I am still on a valid status.

Now my mother's sister filled immigration petition for my mom and all my family members back on 4th Jan 2001. Current priority date is 8th Dec. 2000. Less than four weeks to go.

My mom and dad received an DSL form back in Jan. 2010. But my name was not there on DSL form as I was 22 years old that time instead of 21 years . Now they are on verge of getting a visa interview call. Few lawyers suggested that once they collect their green card, we can file for my change of status. Does that sound right???

I was wondering if anyone of you, have any idea on what forms to file; how long does it take and if there is anything I could do as of now?

Remember my mom and dad are in India, and I am in USA.

Really appreciate all the help I can get in this matter.

Thank you.

Posted

If you can't be on your parent's petition because of aging out, then that is a dead path for you.

Once they get their GCs, then they could file for you if you are unmarried, but that is also more wait. The manner of filing, whether in the US or outside, depends on your eligibility. If you are in the US with a current priority date and have not gone out of status then you could file for a change from within the US.

If you are going to overstay your visa, you'd need to leave because you become ineligible.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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