Armo

Iran

Thank you for your encouraging message

does your first sentence mean that by having this I-130 petition related to my mother, the possibility of getting student visa for me will reduce dramatically (regardless of being derivative beneficiary or not) ?

No. And the reason for this questions is that I have strong passion for studying graduate degree in USA next year in order to enhance my job prospects in my hometown. I really want to come back to my hometown after studying in USA. However, If I am considered as a derivative beneficiary and I'd not aged out and considered eligible to get (f4) visa with my mom, the chance of getting student visa may become zero. As a result, I really hope that I will aged out by their formulation in order to increase the possibility of getting student visa next year.

yes. according to the previous cases or other sources, do you know that approximately how much delay is between the I-130 approval date and visa availability date?

in the case of aging out, by assuming that the I-130 petition has not been approved yet, according to my calculations, the only way that I'd not aged out is that the duration between the I-130 approval data and visa availability date should be less than 1.5 year. Online status says that the case migrated to ELIS.

Thank you for your reply. Yes I am her son. I am not sure that I-130 has been approved or not. I checked https://egov.uscis.gov/ and https://www.uscis.gov/ but in non of them is directly mentioned that the petition has been approved or not. And I am 30 years old.

Country: Iran. So after approving the the I-130 petition, it will take about 10 years that the priority date will become current!? have been any cases that the mentioned process took under 2-3 years?

The petition is filed by my aunt for her sister (my mother).

Hello. Thank you for guiding me. I checked the formula for calculating the CSPA age for the derivative beneficiary, and there are two important dates in it: *Pending time: The time from when the I-130 petition is filed to when it is approved. *Visa Availability date: The time when a visa number becomes available for the beneficiary, i.e., when the priority date becomes current according to the Visa Bulletin. Now here is my question, typically, for I-130 petitions, how long is the time between when petition will be approved and the date of Visa Availability? Additional information: the I-130 petition was filed by a US Citizen in 2013 and it is in pending status. The petition is filed by mu aunt for her sister.

Do you know how can I found that my mom's petition will pass the pending status (even an approximate date)? or how can I found that it is still in pending status?

I think I was 19-20 when the petition was filled for my mother. Since my age was under 21, my age may be considered under 21 based on age freeze formulations in the future. Of course, I need to reiterate that my knowledge about age freezing and other related matters is not complete and I may be wrong. For this reason, I will be pleased to learn more about this field with your guidance. So you believe that since I was 20 years old at that time and considering that there is still a lot of time left for my mother's case, under no circumstances will I be a derivative of my mom’s F4 application? Did I understand correctly?

Thank you for your complete explanation. A point that should be mentioned, in a certain situation, my age may have been frozen and I may have been included in my mother's subgroup. In this case, if they give my mother a visa, they will also give me a visa too. However, I don't have enough information whether I am included in this particular mode or not. If we assume that I am included in this special case, will the possibility of my F1 visa being rejected increase? Because I have heard that if the officer has the slightest doubt that the person applying for an F1 visa has an immigration case or has applied for an immigration case, it means that he intends to immigrate to America and therefore the F1 visa will not be issued. Thank you if you have any information in this regard.

Thanks. You mean that I don't have an immigrant case? If yes, so does it still have negative effect on my f1 visa?

Thank you for your detailed answer. A question came to me, if the conditions of my mother's case are such that my age is not frozen and therefore I will not be included in her case (which of course is not clear yet), will I still have an immigration case?

thanks for your response. But the question that arises for me is that since this form was filled for my mother and not directly for me, does it still mean that I have an immigration case? Will there be any proof that I return to my country after my studies?

Hello. I am currently preparing to apply for a PhD program in the United States under an F1 visa. However, I have concerns regarding a Form I-130 that my aunt filed on behalf of my mother in 2013. Given that I was born in 1993, I am apprehensive about how this petition related to my mother might impact my F1 visa application. Given the lengthy nature of the I-130 process and the submission date of my mother's case, it will likely take a significant amount of time to process her case. Could the consular officer potentially interpret this as indicative of familial intentions to immigrate to the United States, thereby potentially complicating the approval process for my F1 visa? I've noticed cases where having a Form I-130 related to them created challenges in their F1 student visa process. Could this also be an issue in my situation, where the Form I-130 is related to my mother? I would greatly appreciate any insights or advice based on your expertise and experiences in navigating such situations. Thank you.