Applying for AOS through my mother who is LPR, meantime my F1 is terminated.

[Tugsuu26 0]

Hi,

Im in very complicated situation. I would really appreciate if someone give me any advice.

So, ive been in US since 2009 under F1 visa. My mother won a green card lottery-2011 (she received notification mail in may of 2010 that she was a winner, i was under 21 years old back then). Unfortunately, i turned 21 before the visa interview so i lost my chance to get one. This month my mother (who is still a green card holder) is preparing all the docs to petition me for AOS, meantime i just found out my visa was terminated while i was trying to transfer to another school. Now, in addition to all the applications for AOS I need to apply for reinstatement I-539.

My question is shall i apply for I-539 and wait till i get approved or can i send I-539 along with my other forms?

I know it takes way longer for Permanent Residents to bring their family. But we were hoping to get something going at least, which we shouldve done it in 2011, right after when she got her green card.

Anyway, i would really really appreciate it

Thank you

TD

[NigeriaorBust 4,087]

You can't apply for AOS unless she petitioned you the I130 was approved and your priority date is current AND you have valid status in the US. Being out of status is NOT forgiven for adult children of LPR's

[Tugsuu26 0]

You can't apply for AOS unless she petitioned you the I130 was approved and your priority date is current AND you have valid status in the US. Being out of status is NOT forgiven for adult children of LPR's

[Tugsuu26 0]

Ok, so one thing at a time. I will apply for reinstatement, then when its approved ill send my I-130. I thought since im already in US i can send all the forms at the same time, I-130 and I-485 etc., isnt it right?

[Transborderwife 4,666]

As previously stated,no

[NigeriaorBust 4,087]

Assuming you will be in the over 21 age group when the petition becomes current, you have about 7 years of waiting after the petition is filed before your are in the front of the line to get a visa. Assuming you are in the US with valid status at that time you can submit your AOS paperwork almost a year before that under the current rules. You will also have to remain unmarried for all that time. Getting married voids the petition.

[Tugsuu26 0]

Yes, thats correct.

What about if my mother becomes a Citizen. How long will it take then approximately?

Or, in another case, my sister will be a citizen soon too, if i apply for I-130 through my sister after she becomes a citizen, how long will it take, approximately? Because my mother doesnt wanna become a citizen yet, due to her benefits in her country.

Thanks

Edited March 30, 2016 by Tugsuu26

[Transborderwife 4,666]

Yes, thats correct.

What about if my becomes the Citizen. How long will it take then approximately? Or, in another case, my sister will be a citizen soon, if i apply for I-130 through my sister after she becomes a citizen, how long will it take, approximately?

Thanks

Through your sister? 15 years or so

[Tugsuu26 0]

Wow, even if she becomes a citizen?!

Thank guys, it has been very helpful.

One last thing though... So when i send my i-130 through my mother who is LPR, waiting time is at least 7 years until i hear something to do further. But, Can i get my work permit etc.,? I assume that i have to keep my F1 during this waiting time?!

My undertsanding was, like it said on the instruction for I-130, if the beneficiary is in US already petitioner can file I-130 with I-485 and other forms. So we were planning to send all the forms together, and i was hoping maybe i will get work permit and other stuff while im waiting for 7 years or so. ?

How does it work, usually?

Thanks again

[Asia 2,499]

You have to maintain your legal status.

If you are here as a student. you must remain a student.

Can a person on F1 visa work full time? I don't think so.

From what I read you don't have any status now, so you'd better focus on that thing first.

And about your sister sponsoring you... Only USC can sponsor their siblings. LPR doesn't have that privilege.

[NigeriaorBust 4,087]

Those instructions are for USC's petitioning their spouses and children ( minors ) where a visa number is immediately available. You are not in that class so no I485 no work permit You mother files the I130 and supporting document and 7 years (based from current timelines ) your visa number becomes available. There is no way to know if that wait will shrink ( doubtful ) or grow much longer ( very likely )

[newacct 688]

Your mother can petition you (file I-130) any time. Your status or whether you are in the US or not is irrelevant. That starts the waiting time. In 6.5 years, you can either do Adjustment of Status (if you are in the US in legal status at that time) or Consular Processing (otherwise). It's hard to predict what your situation will be in 6.5 years. Your mother becoming a citizen won't make it faster; in fact, it's a little slower (F1 category is a little slower than F2B), though you can opt out of the upgrade to the slower category.