Should I Apply for F2B While Awaiting AOS Decision Based on F4 Category?

[Charan Reddy 0]

Petition Type: Family-based

Category: F4

Country of Origin: India

Priority Date: January 2006

Birth date : July 1999

Approval Date: May 2009

Date Became Current (Final Action Date): May 2024

Welcome Letter (Date on Chart B): April 2022

Interview at Mumbai Consulate: End of June 2024

My uncle filed a petition for my father, and I am a derivative beneficiary of this petition. I am currently in the USA on an F1 student visa. I recently completed my medical examination in India. Based on the final action date, the Child Status Protection Act (CSPA) calculation indicates that I have aged out by six months. However, using the date of filing for the CSPA calculation, I am still under 21.

 

1. What options are available to me?
2. Is there a possibility for me to adjust my status while in the US on an F1 visa?
3. If adjustment of status is possible, what are the criteria? Do I meet these criteria? Is there any procedure we need to complete before the interview?
4. Do I need to cancel my interview? If yes, what’s the procedure? My file is already in Mumbai consulate and I already did my medical.
5. Should I accompy my parent in interview or try to do adjustment status ? What should my parent expect during the interview in terms of questions if I choose not to accompy them?
6. What are the chances of my application being rejected?
7. What risks should I be aware of?
8. My parents plan to visit the US in July and return to India after two months due to commitments. Will this affect my eligibility for adjustment of status?
9. I recently visited India (a week ago). Does this pose any problems? Is there a 90-day rule that could affect me?

[Boiler 45,445]

When will your Parents be moving full time to the US?

[JeanneAdil 6,489]

you are  24 soon to be 25

[Liam2021 582]

4 hours ago, Harry Patel said:

Petition Type: Family-based

Category: F4

Country of Origin: India

Priority Date: January 2006

Birth date : July 1999

Approval Date: May 2009

Date Became Current (Final Action Date): May 2024

Welcome Letter (Date on Chart B): April 2022

Interview at Mumbai Consulate: End of June 2024

My uncle filed a petition for my father, and I am a derivative beneficiary of this petition. I am currently in the USA on an F1 student visa. I recently completed my medical examination in India. Based on the final action date, the Child Status Protection Act (CSPA) calculation indicates that I have aged out by six months. However, using the date of filing for the CSPA calculation, I am still under 21.

 

1. What options are available to me?
2. Is there a possibility for me to adjust my status while in the US on an F1 visa?
3. If adjustment of status is possible, what are the criteria? Do I meet these criteria? Is there any procedure we need to complete before the interview?
4. Do I need to cancel my interview? If yes, what’s the procedure? My file is already in Mumbai consulate and I already did my medical.
5. Should I accompy my parent in interview or try to do adjustment status ? What should my parent expect during the interview in terms of questions if I choose not to accompy them?
6. What are the chances of my application being rejected?
7. What risks should I be aware of?
8. My parents plan to visit the US in July and return to India after two months due to commitments. Will this affect my eligibility for adjustment of status?
9. I recently visited India (a week ago). Does this pose any problems? Is there a 90-day rule that could affect me?

AOS is not cheap and complicated. Why not get thing simple by flying back, attend the interview.

[Aluvaboy 66]

2 hours ago, Liam2021 said:

AOS is not cheap and complicated. Why not get thing simple by flying back, attend the interview.

If he goes back to India, he already aged out. But if doing AOS, there is probably a chance.

[Crazy Cat 41,810]

9 minutes ago, Aluvaboy said:

But if doing AOS, there is probably a chance.

Not before the primary beneficiary enters the US.

 

Is a F1 student eligible to adjust status through F4 visa category? - Legal Answers (avvo.com)

[Aluvaboy 66]

8 minutes ago, Crazy Cat said:

Not before the primary beneficiary enters the US.

 

Is a F1 student eligible to adjust status through F4 visa category? - Legal Answers (avvo.com)

There was a change in CSPA age calculation methodology in February 2023, which allowed applicants adjusting status, to use the date from Chart B of the Visa Bulletin for calculating CSPA age. This is not available for derivative applicants attending visa interviews in consulates overseas where the date from Chart A is still used. 

[Crazy Cat 41,810]

5 minutes ago, Aluvaboy said:

There was a change in CSPA age calculation methodology in February 2023, which allowed applicants adjusting status, to use the date from Chart B of the Visa Bulletin for calculating CSPA age. This is not available for derivative applicants attending visa interviews in consulates overseas where the date from Chart A is still used. 

My point is that a derivative cannot adjust status until the primary beneficiary of the F4 is inside the US.

Edited June 12 by Crazy Cat

[nastra30 2,284]

14 minutes ago, Aluvaboy said:

There was a change in CSPA age calculation methodology in February 2023, which allowed applicants adjusting status, to use the date from Chart B of the Visa Bulletin for calculating CSPA age. This is not available for derivative applicants attending visa interviews in consulates overseas where the date from Chart A is still used. 

The principal beneficiary will have to be admitted in the US as LPR with immigrant visa before op (derivative beneficiary) can even attempt AOS.

 

Now concerning the in February 2023 CSPA methodology, I'm not sure how it plays out for op. If principal applicant were to be adjusting based on Chart B, then it's clear cut, op could also adjust. But this is the situation where principal applicant is going to be based on Chart A and derivative applicant is based on Chart B. Since this CSPA method based on 'dates for filing' is a fairly new change, I'm not sure how it plays out for op but probably a chance. Op could be a case study for VJ.

Edited June 12 by nastra30

[Boiler 45,445]

First we need to ascertain if the beneficiary intends to take up residency

 

[Charan Reddy 0]

On 6/12/2024 at 5:01 AM, Boiler said:

When will your Parents be moving full time to the US?

Just after the interview maybe around 1-2 week of July 2024.

[Charan Reddy 0]

On 6/12/2024 at 8:38 AM, Crazy Cat said:

Not before the primary beneficiary enters the US.

 

Is a F1 student eligible to adjust status through F4 visa category? - Legal Answers (avvo.com)

Now my name is on the interview letter and I did all the procedures including medical examination in India. So now Do I need to cancel my interview or How can I proceed? like what should my parents say in interviews? What kind of questions can they expect? (Interview is just on 27 June)

[Charan Reddy 0]

On 6/12/2024 at 10:54 AM, Boiler said:

First we need to ascertain if the beneficiary intends to take up residency

 

Yes, I will take up the residency, if given chance.

[Boiler 45,445]

On 6/12/2024 at 2:24 AM, Charan Reddy said:

 

1. My parents plan to visit the US in July and return to India after two months due to commitments. Will this affect my eligibility for adjustment of status?

 

Very confused, you said they are visiting the US?

[Charan Reddy 0]

5 minutes ago, Boiler said:

 

Very confused, you said they are visiting the US?

They plan to use their immigration visa, and after arriving, they have a few pending matters in India, like selling some belongings. That's why they will return to India to handle these tasks before coming back to settle here permanently.