Can F-1 student expedite his I-130 because I-20 is expiring?

[Albert2 0]

I am an international student on F-1 visa. I have a pending I-130 in the F2A category. I graduate Community College next semester and my I-20 expires in May. My PD is 01/08/24. Can I submit an expedite application so that an expired I-20 does not affect my transfer plans and studies? Will this be a valid reason to expedite the form?

[nastra30 2,298]

3 hours ago, Albert2 said:

I am an international student on F-1 visa. I have a pending I-130 in the F2A category. I graduate Community College next semester and my I-20 expires in May. My PD is 01/08/24. Can I submit an expedite application so that an expired I-20 does not affect my transfer plans and studies? Will this be a valid reason to expedite the form?

Why haven't you filed for adjustment of status based on Chart B?

[appleblossom 2,816]

2 hours ago, nastra30 said:

Why haven't you filed for adjustment of status based on Chart B?

He says his I-130 is pending so I don’t think he can. 
 

@Albert2, I don’t think that would be a valid reason to expedite your I-130. https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
 

But you can certainly try. 

Edited November 5 by appleblossom

[nastra30 2,298]

3 minutes ago, appleblossom said:

He says his I-130 is pending so I don’t think he can. 

He needs to file I-485 with the receipt of I-130. This is also considered concurrent filing.

Edited November 5 by nastra30

[appleblossom 2,816]

8 minutes ago, nastra30 said:

He needs to file I-485 with the receipt of I-130. This is also considered concurrent filing.

Yes, if he’s in the US, and if his PD is January not August (not sure if he’s using the US date format or the international one - I do wish people would fill in timelines!). I’m guessing he’s only just started college hence not filing sooner but it’s really not clear. A quick look at his past posts also seems to say he may have aged out in to F2B. 
 

Hopefully the OP will clarify. 

[nastra30 2,298]

9 minutes ago, appleblossom said:

Yes, if he’s in the US, and if his PD is January not August (not sure if he’s using the US date format or the international one - I do wish people would fill in timelines!). I’m guessing he’s only just started college hence not filing sooner but it’s really not clear. A quick look at his past posts also seems to say he may have aged out in to F2B. 
 

Hopefully the OP will clarify. 

To me, it's perfectly clear he is currently inside the US attending college and he is trying to make sure he stays in status after completing community college.

Op can clarify but i don't think his original statement was confusing in terms of where currently is. Perhaps he can clarify the date.

 

Edited November 5 by nastra30

[nastra30 2,298]

15 minutes ago, nastra30 said:

He needs to file I-485 with the receipt of I-130. This is also considered concurrent filing.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

 

Concurrent filing of Form I-485, Application to Register Permanent Residence or Adjust Status, is when an adjustment of status application (Form I-485) is filed before the approval of the underlying immigrant visa petition. We will consider the immigrant visa petition and the Form I-485 concurrently filed when you file them at the same time and mail them together with all the required filing fees and supporting documentation to the same filing location. We also will consider them concurrently filed if you file the Form I-485 after the immigrant visa petition but while the immigrant visa petition remains pending.

[nastra30 2,298]

34 minutes ago, appleblossom said:

A quick look at his past posts also seems to say he may have aged out in to F2B. 

Ahh I see, bummer for op. I don't know if that new policy from 2023 will apply. I forgot the specifics. Need to go reacquaint.

[Albert2 0]

Thank you for your responses. I am in the US, and have been here for almost 3 years. I submitted I-130 about 3 months before my 21st birthday. I am not sure if I "aged out" by now. How can I check if I have?!  Also, if I submit the expedite application and it gets denied, will that negatively affect my visa?

[mam521 2,113]

@Albert2 please fill out your timeline https://www.visajourney.com/timeline/profile.php?id=463054