I-485 Adjustment from F-1 ? (Topics Merged)

[Aymaan 0]

Just going to piggy back off this since I couldnt find answer after search for question 3.a.

 

 

I-130 was filed for unmarried child under 21 by LPR parent. (Approved)

Parent is now US citizen and unmarried child is over 21. 

Do I check box for "Unmarried child under 21 years of age of US citizen" ?

Edited June 6 by Crazy Cat

[Crazy Cat 43,995]

22 hours ago, Aymaan said:

Just going to piggy back off this since I couldnt find answer after search for question 3.a.

 

 

I-130 was filed for unmarried child under 21 by LPR parent. (Approved)

Parent is now US citizen and unmarried child is over 21. 

Do I check box for "Unmarried child under 21 years of age of US citizen" ?

Welcome to the forum.  Please don't "piggyback" off the questions of others.  Hijacking threads is not allowed.  Please start new topics for your own questions. I have split your comment off into your own topic. Others will be along soon to answer your question.  Thanks.  Good luck on your journey. 

GB

-VJ Moderation

Edited June 5 by Crazy Cat

[appleblossom 4,075]

22 hours ago, Aymaan said:

Just going to piggy back off this since I couldnt find answer after search for question 3.a.

 

 

I-130 was filed for unmarried child under 21 by LPR parent. (Approved)

Parent is now US citizen and unmarried child is over 21. 

Do I check box for "Unmarried child under 21 years of age of US citizen" ?

 

Where are you checking a box? Question 3.a. of which form?

 

How long did the I-130 take to be approved and what age is the child now? 

[Aymaan 0]

woops.

Thought perhaps the o p's  question was solved, I could use this since it relates to the same question on I-485.

I think ill create a new post for better clarity.

[Aymaan 0]

Son is in US on F1 student visa (paying that international tuition, taking classes)

 

LPR father submitted I-130 on Nov 4 2020 (Son age 19) 

PD: Nov 4 2020

 

I-130 approved Sep 12 2022  as "Unmarried under 21" of LPR (pending 22 months)

 

We filed I-485 on April 17 2023  Result: Rejected due to " Visa not available for your priority date"

At this point I thought perhaps we have to wait until LPR father becomes US citizen which would upgrade sons category with favorable PD.

 

May 2025, LPR father becomes US citizen and I message NVC to upgrade sons category which they just did.

Getting ready to resubmit I-485 and I just find out about CSPA😑.

 

Did we miss the date to file 485 or did USCIS error on 485 submitted in April 2023? 

Should we file 485, 693, 765, 864 now??

Any help appreciated 🙌

[Aymaan 0]

23 hours ago, appleblossom said:

 

Where are you checking a box? Question 3.a. of which form?

 

How long did the I-130 take to be approved and what age is the child now? 

Just made a new topic: https://www.visajourney.com/forums/topic/831820-did-i-wait-too-long-thought-i-understood-process-but-probably-not/#comment-11065776

Would appreciate your insight.

Thx

 

[Crazy Cat 43,995]

*****Similar/Related topics merged****  Please keep questions under this thread***

 

***Topic moved to Adjustment of Status from Work, Student, and Tourist Visas***

Edited June 6 by Crazy Cat

[appleblossom 4,075]

4 hours ago, Aymaan said:

Son is in US on F1 student visa (paying that international tuition, taking classes)

 

LPR father submitted I-130 on Nov 4 2020 (Son age 19) 

PD: Nov 4 2020

 

I-130 approved Sep 12 2022  as "Unmarried under 21" of LPR (pending 22 months)

 

We filed I-485 on April 17 2023  Result: Rejected due to " Visa not available for your priority date"

At this point I thought perhaps we have to wait until LPR father becomes US citizen which would upgrade sons category with favorable PD.

 

May 2025, LPR father becomes US citizen and I message NVC to upgrade sons category which they just did.

Getting ready to resubmit I-485 and I just find out about CSPA😑.

 

Did we miss the date to file 485 or did USCIS error on 485 submitted in April 2023? 

Should we file 485, 693, 765, 864 now??

Any help appreciated 🙌

I don’t think there was a USCIS error, sounds like your son aged out in to F2B so wasn’t eligible to adjust status in 2023. But without knowing exact dates (including his DOB) we can’t say for sure. 
 

He’s now F1 category so at least 3 years or so from being able to apply to adjust. 
 

Which country was he born in? 

[Aymaan 0]

1 hour ago, appleblossom said:

I don’t think there was a USCIS error, sounds like your son aged out in to F2B so wasn’t eligible to adjust status in 2023. But without knowing exact dates (including his DOB) we can’t say for sure. 
 

He’s now F1 category so at least 3 years or so from being able to apply to adjust. 
 

Which country was he born in? 

Dob 1 Jun 2001

Pakistan 

When we filed 485 in april 2023, wouldnt cspa kept him under 21 ie. F2A?

 This question is on the current edition of 485 but not the 12/22 edition we used in 2023.

[appleblossom 4,075]

14 minutes ago, Aymaan said:

Dob 1 Jun 2001

Pakistan 

When we filed 485 in april 2023, wouldnt cspa kept him under 21 ie. F2A?

 This question is on the current edition of 485 but not the 12/22 edition we used in 2023.

I think he should have been eligible to adjust status in 2023 then? But now you’ve moved him in to F1 category, his parent really should have stayed a LPR. 

 

I don’t think you can now switch back unfortunately but I would suggest consulting a lawyer. It’s possible you can appeal the original I-485 decision. 
 

Good luck. 

[Aymaan 0]

9 hours ago, appleblossom said:

I think he should have been eligible to adjust status in 2023 then? But now you’ve moved him in to F1 category, his parent really should have stayed a LPR. 

 

I don’t think you can now switch back unfortunately but I would suggest consulting a lawyer. It’s possible you can appeal the original I-485 decision. 
 

Good luck. 

I see will do. Thx