Best course of action for F1 visa to F4 interview

[pepeg 0]

Hi everyone,

 

This is the current situation:

 

- Currently in the US with a f1 visa that just expired, but on status because my i-20 isn't expired , I have one more year until I graduate.

- Documents were DQ'ed in july 2020, I know this is gonna take a while before I get an interview if anything.

 

I am just concerned that since I am already over 21, the embassy can reject my petition due to age out: 

- DOB: April 4, 1995

- Priority Date: Nov 3, 2005

- i-130 Approval: July 7, 2009

- Visa Bulletin: April 1, 2019 

 

Someone already helped me here, and I calculated the CSPA age with an online tool and shows 20 years and a few months, but still my concern is there.  

 

I submitted my DS-260 on July 2019, so that meets the sough to acquire requirement.

 

I don't want to risk not being able to graduate if the application doesn't get approved for me. What would be the best course of action to avoid being stuck back at home and won't be able to graduate, an Adjustment of Status? or something else?

 

Thanks!

Edited June 3, 2021 by pepeg

[SusieQQQ 11,585]

Age out depends on visa availability date not interview date, so it cannot make a difference whether you interview at a consulate or do AOS. Also, you can’t adjust status as a derivative until the principal has both gone for interview and entered the US on their immigrant visa, and then who knows how many months it will take to get an AOS interview after that, so I’m not at all sure it makes any sense for you to wait unless you really don’t want to spend the airfare.

 

 

Edited June 3, 2021 by SusieQQQ

[pepeg 0]

2 minutes ago, SusieQQQ said:

Age out depends on visa availability date not interview date, so it cannot make a difference whether you interview at a consulate or do AOS. Also, you can’t adjust status as a derivative until the principal has both gone for interview and entered the US on their immigrant visa, and then who knows how many months it will take to get an AOS interview after that, so I’m not at all sure it makes any sense for you to wait unless you really don’t want to spend the airfare.

 

 

The risk is not getting approved due to CSPA, which I am assuming I should be fine on that end correct?, and being stuck at home without being able to graduate, and waiting to get a renewal on my visa.  That's where all my concern lies on. 

[Boiler 43,689]

Presumably this is your Parents case.

 

I would stay on F1 until you adjust or go through consular processing.

[pepeg 0]

Just now, Boiler said:

Presumably this is your Parents case.

 

I would stay on F1 until you adjust or go through consular processing.

Yes, this is my parents case. I am a derivate beneficiary. 

 

Adjusting status would require me to let the embassy know that I won't show up to the interview?

[Boiler 43,689]

You are basically dependent on your Parents case being approved, that could be sometime in the distance.

[pepeg 0]

1 minute ago, Boiler said:

You are basically dependent on your Parents case being approved, that could be sometime in the distance.

Yes, I understand that part, but if they get approved and I don't show up to the interview. Would I be able to adjust status after they enter the US, given the fact that I am still in the US due to school?

[SusieQQQ 11,585]

25 minutes ago, pepeg said:

The risk is not getting approved due to CSPA, which I am assuming I should be fine on that end correct?, and being stuck at home without being able to graduate, and waiting to get a renewal on my visa.  That's where all my concern lies on. 

The “risk” of not getting approved to cspa is uniform irrespective of where you interview. You are either protected, or you’re not. It doesn’t make a difference whether you do consular processing or AOs from that perspective. Your concern should rather lie on what happens to your status while you wait for your parent to interview and enter the US, because if you fall out of legal status (what are your plans after you graduate?) you cannot do AOS anymore.

[SusieQQQ 11,585]

5 minutes ago, pepeg said:

Yes, I understand that part, but if they get approved and I don't show up to the interview. Would I be able to adjust status after they enter the US, given the fact that I am still in the US due to school?

You understand that it can take up to a year to adjust, right? In some cases more like two years. Look up i485 processing times for your local office. https://egov.uscis.gov/processing-times/ 

 

not understanding entirely how you are both graduating and still staying in school for some indeterminate amount of months 

 

 

Edited June 3, 2021 by SusieQQQ

[pepeg 0]

2 minutes ago, SusieQQQ said:

You understand that it can take up to a year to adjust, right? In some cases more like two years. Look up i485 processing times for your local office. https://egov.uscis.gov/processing-times/ 

I didn't know this part. This makes more sense in just going to the interview to avoid waiting up to  years.

 

Having said that, does CSPA applies to me?

[SusieQQQ 11,585]

3 minutes ago, pepeg said:

 

 

Having said that, does CSPA applies to me?

Wasn’t this discussed n your other thread? Yes.

[pepeg 0]

Just now, SusieQQQ said:

Wasn’t this discussed n your other thread? Yes.

Yes, but I didn't have the actual i-130 approval date, I actually called NVC and they gave it to me.