Mother filed for her son. Now it is complicated.

[Machita 1]

This is my friend's situation:

About 5 years ago, his mother (green card holder) filed for immigrant visa for him to come to the US. He got tired of waiting and came here on a student visa. He is going to school now. Last month, the scheduled an interview for him in him home country in Palestine; Jerusalem embassy in May of this year. Problem is he doesn't have enough money to go back home and he doesn't want to go home anyway. The questions are:

1. Can he change the interview so can be interviewed in the US instead? How?

2. If he can't change the interview, can he reschedule? How?

3. What happens if he doesn't go to the interview and files another application to start over but within the US?

Please Please advise. He doesn't have a lot of time.

THANK YOU in advance.

[SweetApple08 2]

This is my friend's situation:

About 5 years ago, his mother (green card holder) filed for immigrant visa for him to come to the US. He got tired of waiting and came here on a student visa. He is going to school now. Last month, the scheduled an interview for him in him home country in Palestine; Jerusalem embassy in May of this year. Problem is he doesn't have enough money to go back home and he doesn't want to go home anyway. The questions are:

1. Can he change the interview so can be interviewed in the US instead? How?

2. If he can't change the interview, can he reschedule? How?

3. What happens if he doesn't go to the interview and files another application to start over but within the US?

Please Please advise. He doesn't have a lot of time.

THANK YOU in advance.

He better find the money to go there and have the interview at the embassy. Reason being that he would have to file for AOS here in USA the form I-485 ($1010.00) and prepare everything for that form as supporting evidence. Also, the AOS may take several months and he NEEDS to stay in status (go to school)until he gets his CG in his hand. So if he looks at having to pay for additional time in school versus getting the interview at the embassy. I would go for the interview already scheduled in MAY.

[Machita 1]

Thanks a lot for the reply. I don't think he minds going to school. He is not paying for it

So, can his mom adjust his status EVEN if she is a green card holder?

Thanks!

[rsn 135]

please read this guide: http://www.visajourney.com/content/child

[SweetApple08 2]

Thanks a lot for the reply. I don't think he minds going to school. He is not paying for it

So, can his mom adjust his status EVEN if she is a green card holder?

Thanks!

I am not sure how he can change the interview with the embassy (maybe contact them directly). I am not very familiar with that I would imagine you would contact the embassy or NVC and let them know that he wants to adjust his status here instead. After everything is cleared from them and the case back at USCIS he can apply for AOS.

Yes, he can as long as he is IN STATUS, he can do Adjustment Of Status in USA. He needs to file form I-485 and other forms that go along with that. The only thing is what kind of student visa does he have: J1, F1 or M1? I am going to do AOS in USA as soon as a visa number is available for spouse of LPR.

[Machita 1]

I am not sure how he can change the interview with the embassy (maybe contact them directly). I am not very familiar with that I would imagine you would contact the embassy or NVC and let them know that he wants to adjust his status here instead. After everything is cleared from them and the case back at USCIS he can apply for AOS.

Yes, he can as long as he is IN STATUS, he can do Adjustment Of Status in USA. He needs to file form I-485 and other forms that go along with that. The only thing is what kind of student visa does he have: J1, F1 or M1? I am going to do AOS in USA as soon as a visa number is available for spouse of LPR.

He has F1 student. How long do you think this will take? 4 months? 6 months?

[SweetApple08 2]

He has F1 student. How long do you think this will take? 4 months? 6 months?

As F-1 student visa he is fine to do AOS. The Adjustment of Status in Salt Lake City, UT it looks like it takes about 4 months from the time of the application.

Field Office Processing Dates for Salt Lake City UT as of: January 31, 2010

Form Form Name Processing Timeframe:

I485 Application to Register Permanent Residence or Adjust Status October 03, 2009

https://egov.uscis.gov/cris/processTimesDisplay.do

I am not sure how long it will take to transfer the case from NVC to USCIS that you have to find out by calling them. I hope this helps a little.

Edited April 1, 2010 by SweetApple08

[Darnell 8,478]

I suggest raising the monies and going to Jersusalem.

[sachinky 464]

I thought only immediate relatives of USCs were eligible for AOS. Not LPRs. I could be wrong though.

[minatours 0]

This is my friend's situation:

About 5 years ago, his mother (green card holder) filed for immigrant visa for him to come to the US. He got tired of waiting and came here on a student visa. He is going to school now. Last month, the scheduled an interview for him in him home country in Palestine; Jerusalem embassy in May of this year. Problem is he doesn't have enough money to go back home and he doesn't want to go home anyway. The questions are:

1. Can he change the interview so can be interviewed in the US instead? How?

2. If he can't change the interview, can he reschedule? How?

3. What happens if he doesn't go to the interview and files another application to start over but within the US?

Please Please advise. He doesn't have a lot of time.

THANK YOU in advance.

he can have his interview with uscis office in his area all you need to do just inform the nvc that so they can transfere his file to uscis office instead . it is simple

[SweetApple08 2]

I thought only immediate relatives of USCs were eligible for AOS. Not LPRs. I could be wrong though.

Any person who is in USA can do adjustment of status as long as they are LEGALLY present here and maintained legal non-immigrant status (such as a student in F-1 status).

he can have his interview with uscis office in his area all you need to do just inform the nvc that so they can transfere his file to uscis office instead . it is simple

Yeap, is seems to be simple like that. In my I-130 approval notice it says that I could change my mind to go to the embassy for the interview (just request that from them).

He has F1 student. How long do you think this will take? 4 months? 6 months?

What is his priority date? He may have to wait a little to file with USCIS

Edited April 3, 2010 by SweetApple08

[coraliesolms 47]

Raise the money and go to the interview.. AOS costs over $1000, may as well use that money for the interview ticket!!