Change from Consular Processing to AOS

[sidsaolin 1]

Hello,

I petition GC to my son, and our I-130 was approved with PD 05/05/2014. NVC sent us welcome letter to process his case. Since he is still in US with valid F-1 visa, I would like him to do adjustment of status in US. What process do I need to do now? Or just wait till his PD becomes current and file I-485?

Thank you in advance for your advice.

[Tdiallo 0]

I think u should talk to a lawyer to get a good advice. Good luck

[Ning 619]

I think u should talk to a lawyer to get a good advice. Good luck

Are you using a lawyer for your Chinese case? This is a DY site where people come for help which they often get & find they don't need a lawyer.

Hello,

I petition GC to my son, and our I-130 was approved with PD 05/05/2014. NVC sent us welcome letter to process his case. Since he is still in US with valid F-1 visa, I would like him to do adjustment of status in US. What process do I need to do now? Or just wait till his PD becomes current and file I-485?

Thank you in advance for your advice.

See the guides & forums for info needed.

[Hypnos 6,576]

Are you a US citizen? How old is your F-1 son?

[Tdiallo 0]

She has 7 months, yes I'm us citizen

[Hypnos 6,576]

Your F-1 child is 7 months old?

[sidsaolin 1]

@Hypnos

I am LPR. My son is 20 years old.

[Hypnos 6,576]

Then he would not be able to file an I-485 until his priority date became current. He may also age-out from F2A to F2B depending on how long USCIS took to approve his I-130, which would determine whether he has relief available under CSPA.

[sidsaolin 1]

Thank you for your input. I am fully aware of what you mentioned.

My question is do I need to do anything before his PD becomes current? Such as requesting his case back from NVC. If so, how to do that. Or I don't need to do anything because when his time comes, USCIS can match his I-485 with my approval I-130 even though his case is with NVC.

[Hypnos 6,576]

Should he file an I-485 in the future once his priority date is current, then USCIS would request the approved I-130 back from the NVC themselves. He would provide a copy of the I-130 approval notice with his I-485, and USCIS would see that it was currently located at the NVC.

You do not need to do anything at the current time, but you may wish to inform the NVC that your son may pursue the AoS option. Given the dates as you have outlined them though, ageing-out into F2B is a distinct possibility. This would add approximately seven years to his wait time.

Edited July 8, 2015 by Hypnos

[sidsaolin 1]

Thank you very much for your input, Hypnos.

With July bulletin, he still has a good chance to do AOS here under F2A (with my fingers crossed). He has 10 months to be 21 years old + 4 months CSPA.

[Tdiallo 0]

I fied for wife since January. Priority date January 15,2015.And still get nothing. Why? That process give now stress and headache. I want my family here now.