Adjustment of status for student on F1 visa (20yrs old)

[Bunty24 1]

Hello, My friend's niece is here in USA on F1 visa (she is 20yrs old). Her parents are in the process of getting an interview for green card (her grandmother applied for them and it has been approved). Question is since she is already here in USA legally and is under 21, what would be best for her? Should she fly back to attend the interview with her parents or can she complete adjustment of status here? Also, here parents were told to submit "Immigrant Visa Application (Form DS-260) - complete and submit one of these forms for each person who intends to immigrate." I assume my friend's niece also has to submit one too?

 

Thank you in advance for your response.

[Boiler 45,445]

So this is F3, when you say approved you mean their PD is current?

[Bunty24 1]

1 hour ago, Boiler said:

So this is F3, when you say approved you mean their PD is current?

Sorry, I am not sure what is PD? The petition was submitted years ago and they received an approval notice from NVC few months ago saying it is now ready to go to interview stage pending all documents are submitted.  Since my friend and his wife are still abroad, and their daughter is here in USA, I wonder if she has to fly back for the interview since she is an unmarried 20 year old applicant or can she do Adjustment of status? I am not sure if my friend called USCIS or NVC yet.

[Boiler 45,445]

PD = Priority Date

 

Why are your friends not on here?

[Bunty24 1]

3 minutes ago, Boiler said:

PD = Priority Date

 

Why are your friends not on here?

Thank you. My friend is not tech savy. I am just helping them out.  I had a similar situation when I was on F1 and my parents were granted immigrant visa. I was under 21 and they had told my parents that I could adjust my status here but it was not true. When I went, they told me that I should have gone for consular processing instead of adjustment of status.

[Crazy Cat 41,811]

3 minutes ago, Bunty24 said:

Thank you. My friend is not tech savy. I am just helping them out.  I had a similar situation when I was on F1 and my parents were granted immigrant visa. I was under 21 and they had told my parents that I could adjust my status here but it was not true. When I went, they told me that I should have gone for consular processing instead of adjustment of status.

If given the choice, I would return to home country and finish consular processing. The niece cannot adjust status until the primary beneficiary is inside the US. She would be a Green card holder immediately upon entering the US with an immigrant visa.

[Bunty24 1]

Just now, Crazy Cat said:

If given the choice, I would return to home country and finish consular processing. The niece cannot adjust status until the primary beneficiary is inside the US. She would be a Green card holder immediately upon entering the US with an immigrant visa.

Thank you sir. That is what I believe is better choice. I went through that experience already so I just want to make sure she does not have to go through that.

[appleblossom 2,441]

1 minute ago, Bunty24 said:

Thank you sir. That is what I believe is better choice. I went through that experience already so I just want to make sure she does not have to go through that.

 

It is important that you find out her Priority Date though, as well as how long the I-130 took to be approved, and which consulate they'll be interview at. There's a risk she'll age out if she's 20 already. 

[Bunty24 1]

2 minutes ago, Crazy Cat said:

If given the choice, I would return to home country and finish consular processing. The niece cannot adjust status until the primary beneficiary is inside the US. She would be a Green card holder immediately upon entering the US with an immigrant visa.

Since she is a student and does not want to miss her class or have any interference with her F1 status, after the interview, does she have to stay at her home country for a while? As far as I know, after the interview, it can take a month or so to get some response then probably another month to come to USA as an immigrant. That's why I wonder if she has to go for the interview but stay for a while (that would mean she could miss her classes for a month or so) and the university would need reasonable justification to allow that since she is here as an International student.

[Bunty24 1]

1 minute ago, appleblossom said:

 

It is important that you find out her Priority Date though, as well as how long the I-130 took to be approved, and which consulate they'll be interview at. There's a risk she'll age out if she's 20 already. 

[appleblossom 2,441]

1 minute ago, Bunty24 said:

Since she is a student and does not want to miss her class or have any interference with her F1 status, after the interview, does she have to stay at her home country for a while? As far as I know, after the interview, it can take a month or so to get some response then probably another month to come to USA as an immigrant. That's why I wonder if she has to go for the interview but stay for a while (that would mean she could miss her classes for a month or so) and the university would need reasonable justification to allow that since she is here as an International student.

 

If things go smoothly, she'd only need a couple of weeks there - medical, interview and then get passport back with immigrant visa in it (which is usually about a week after interview). Of course, there's no guarantee it will go smoothly, and if she's put in AP then it could be a lot longer before she gets her passport back. No way of knowing in advance though. 

[SalishSea 17,801]

6 hours ago, Bunty24 said:

My friend is not tech savy

A 20 year old international student who is "not tech savvy"?  How are they managing?