Are F-1 students with I-130 approved eligible file for a Adjust Status?

George L

Well, maybe. these petitions take a minimum of 11years to become valid for use, or current. So, if your petition was filed on or before 1 March 1998, then yes you can. Otherwise, you may have a long wait ahead of you, especially if you're Filipino in which case you can add another 12 years.

egay

You are over 21 and no longer a minor.

Even if your I-130 is approved, it does not mean that your priority date is already up. The F-41 visa category which is a brother/sister petition takes a long time. Unless, the priority date of your F-41 is already up then only then can you apply for an I-485. The same is true with an F-1 unmarried son/daughter visa category. You will have to wait for your priority date before further applying otherwise your application will be denied.

Sadly, I do not think your I-765 will be approved.

I hope you consult with an immigration lawyer to verify what I have told you and before you start submitting applications with the USCIS so that you will not be wasting money as the applications are quite expensive. First time consultation with most lawyers are free. I wish you the best.

claria

i agree with everybody above. look under your approved I130. on the top left hand side, find where it says "priority date." then go to this website:

http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html

scroll down until you see the first table...on the left column, on row 4, where it says fouth preference, find whether your priority date matches the dates (depending on your country). if it matches or your priority date is before these dates on the table, you are able to adjust status...
if not you will have to find a way to stay legally in the u.s. until your priority date becomes current, whether it be to continue studying or filing for H1B visa and then having that employer file a greencard for you. or the easiest way is to get married and the marriage has to be legitimate.

if these don't work for you, then you would have to leave the country until your priority date becomes currennt and then come back. check back to this website monthly...best of luck!

Leila H

That will take forever! If you get your degree you can file to work and stay here legally.

Alessandra R

Check what I found for you. This is the processing time for brother/sister sponsoring. As per April 2009 they are working on the following applications: February 2001!!!!!!!

I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister February 25, 2001
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=VSC
scroll down on I-130.

It's a long time and I think you go for other ways...marriage to US citizen?
Good luck to you

leonguy300

depends when your sister filed for you. if she filed for you over ten years ago, then you probably are able to adjust status. you can check the date of the department of state visa bulletin. you are family category 4. your I-130 has to have a priority date before the date in the visa bulletin.

Nabilbob

I have a I 130 approved case from my mother side which she is permanent residence(only green card holder) and i am planning to travel for a study,i am already accepted from a college in USA and i am planning for interview knowing that all my papers are accepted from the college and i received everything for the interview,but what i am afraid of is because of my I 130 approved case that i will not be able to get the F1 student visa, appreciate the kind advise.

fawac

I want very important information that my brother is american citizen and he is willing to file my i-130 petition which may take around 10 years to complete but i want to go usa for studying and my age is 33 years, so suggest me that will i suppose to apply student visa before my brother file my petition or first he will file petition and then i will suppose to apply for student visa? please help me

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