F1 visa AOS to green card

[miro8766 0]

Hello everyone

I hope i am posting in a right forum. i have a question and appreciate if any of y'all can help me with it.

my parents filled I-130 form for me in 2011 and they received the "receipt" under the form I-797c right after that. i came as an international student to U.S with F-1 visa. I want to know am i eligible to apply for form I-485 for adjusting my visa to green card or not? and if not is there any way that i can gain any benefit from that I-130 form that they filled for me in a way that i can get any work permit or not.

thanks a lot

[Hypnos 6,576]

What preference was the I-130 filed under? How old were you when it was filed? When was it approved? Are you currently in the US? If so, are you still in status?

[miro8766 0]

my mom filled the form I-130 for me and my brother. sha is a permanent resident. when she filled the form for me i was over 21

I dont know if it was appreoved or no but i guess itwas , cause she received the form I-797 c which is the "RECEIPT" so it is not rejected. I came to U.S with the F-1 visa and my visa is valid till one more year.

i want to know is there any way to do AOS? Or at least get the work permit based on the case that i already have so that i do not have to struggle to find some sponsorship for my visa after this year?

thanks

[Hypnos 6,576]

You would need to give the priority date of your I-130 and the classification it was filed under (probably F2B). Both of these should be available on the NOA receipt. You should also look up the case status online (https://egov.uscis.gov/cris/Dashboard.do) to see whether it was approved or not.

Has your mother become a US citizen or is she still a permanent resident?

Edited November 1, 2013 by Hypnos

[miro8766 0]

the priority date is june 2011 and the classification is A2B and the case status is in initial review yet so i dont know if its approved or not.

actually my mom hasnt get US citizen yet cause she is mostly out of the states but is there any way that we can change the form under my dad's name cause he has always been in state and he has more chance to get his citizenship much earlier than my mom?

[Hypnos 6,576]

You still have a wait of approximately five years before the priority date on the already-filed I-130 becomes current; you will not be able to gain any benefit from it until then.

Once your father becomes a US citizen then he could submit another I-130 on your behalf under the F1 preference, but given that an F-1 filed today has roughly a seven year wait then this will likely be of no use.

You will just have to wait on your mother's original petition, and you must stay in status in the US at all times or you will not be able to adjust when the priority date becomes current.

Edited November 1, 2013 by Hypnos

[miro8766 0]

well it was kinda dissapointing but thanks for your help, appreciate it.