Adjustment of status

[Jnegi1030 1]

I petitioned my unmarried sister over 21, her application was approved in December from USCIS, and currently at NVC waiting to be able to pay fees and submit evidence ect . She is currently visiting us with her visitors visa. Someone mentioned we could file Adjustment of status  for her since she is currently in the US. But from reading it’s unclear if this would apply to her situation. 
 

anyone do this? Or have similar situation that can provide more info 

[Boiler 45,659]

Looking at your timeline I do not see how her Priority Date could possibly be current.

[Dashinka 24,592]

I agree, unless her priority date is current, adjustment is not an option.

[SusieQQQ 11,586]

57 minutes ago, Jnegi1030 said:

currently at NVC waiting to be able to pay fees

If she is “waiting to be able” then her PD is not current for filing. She is therefore not yet eligible to file for adjustment. What is her PD? 

[Jnegi1030 1]

Thank you. That’s where my thought process was going and from what I read it had to be current to go this route. From my understanding even though uscis approved it we still have to wait at NVC until priority date. I was just looking for others to confirm. Someone told hubby to try this route and didn’t look like it was an option. 

[Timona 4,207]

When did you petition? 2020?

 

Since she's over 21, you're looking at 10+, years before she immigrates. A definite answer to this depends on the aforementioned question.

[Jnegi1030 1]

2013

Edited June 5, 2021 by Jnegi1030

[Boiler 45,659]

So nowhere near to being current.

[SusieQQQ 11,586]

1 hour ago, Jnegi1030 said:

2013

Yep... F4 for india is only current for filing (allowed date for AoS) for cases filed before 1 Dec 2005. Many years to wait still.

[Jnegi1030 1]

12 minutes ago, SusieQQQ said:

Yep... F4 for india is only current for filing (allowed date for AoS) for cases filed before 1 Dec 2005. Many years to wait still.

I appreciate the explanation it helps clarify some things