Will having a valid F1 status improve the chances of humanitarian reinstatement of i130 petition.

[0m3r 0]

My sister and I are currently living in the US on a F1 visa. Our father had originally filed an i130 petition for us back in 2011 September. He passed away in October 2015. We were here in the US at the time he died. We applied for a F1 visa and got approved and have been going to college since spring 2017. Now as date of filing is current we have applied for AOS and received NOA from the USCIS and we are going ahead with our humanitarian restatement of that i130 petition.

Now we don’t have the funds anymore to continue the F1 as we got our NOA and we want to become an instate student after we get our immigrant status. Our attorney is of the opinion that while we file the humanitarian reinstatement being on F1 status will be a motivating factor which will improve the chances of reinstatement.  Will having a valid F1 status Improve the chances of reinstatement of the I130 petition? or will they only consider the factors such as we have no home to go back to, we have two younger brothers here in the US who are US citizen, our mother also passed away here in the US after our father passed away that we have mentioned in humanitarian reinstatement letter.

[NigeriaorBust 4,087]

  Were either of you residing in the US at the time your father died ?   Was the petition still pending when he died  ? 

[0m3r 0]

Yes we were both here legally on a b1/b2 visa , the petition was approved but were waiting for our priority date to become current