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F2A current - adjustment of status possible?

By ProbeGT in Bringing Family Members of Permanent Residents to America

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ProbeGT Enthusiast

ProbeGT   47

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Based on the recent Visa Bulletins, the F2A category is current.

 

Does that mean that it is possible to go through the Adjustment of Status process if one falls in the F2A category and is within the US?  I read about this being possible but wanted to check if this was actually possible.

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
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Posted
1 minute ago, ProbeGT said:

Based on the recent Visa Bulletins, the F2A category is current.

 

Does that mean that it is possible to go through the Adjustment of Status process if one falls in the F2A category and is within the US?  I read about this being possible but wanted to check if this was actually possible.

Yes

YMMV

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
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If they are currently in the US, then yeah.

If they are not, they cannot come to the US to do so, though.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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ProbeGT Enthusiast

ProbeGT   47

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8 hours ago, geowrian said:

If they are currently in the US, then yeah.

If they are not, they cannot come to the US to do so, though.

What do you mean?  If someone was already coming to visit or study, wouldn't that be independent anyways?

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, ProbeGT said:

What do you mean?  If someone was already coming to visit or study, wouldn't that be independent anyways?

No. It would be visa fraud to use a tourist or student visa as a means to immigrate. See INA 212(a)(7)(a)(i)(i).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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ProbeGT Enthusiast

ProbeGT   47

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4 minutes ago, geowrian said:

No. It would be visa fraud to use a tourist or student visa as a means to immigrate. See INA 212(a)(7)(a)(i)(i).

I know.  I meant in cases where people were legitimately already here/already going to be here regardless

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
19 minutes ago, ProbeGT said:

I know.  I meant in cases where people were legitimately already here/already going to be here regardless

Already here is deemed materially different from "going to be" here.

Edit: To clarify, they can still visit or study using appropriate visas in the meantime. But they cannot come on those visas with intent to stay.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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carmel34 Experienced

carmel34   3,631

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Filed: Citizen (apr) Country: Brazil
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Posted
23 hours ago, ProbeGT said:

Based on the recent Visa Bulletins, the F2A category is current.

 

Does that mean that it is possible to go through the Adjustment of Status process if one falls in the F2A category and is within the US?  I read about this being possible but wanted to check if this was actually possible.

This is confusing because your earlier posts said you were a USC.

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