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  1. #1
    Join Date
    Dec 2012
    Posts
    4

    Default Can You Adjust Status Based on an I-130 Filed Prior to Entry on a F1 Visa

    In 2008 my mom (US citizen) filed I-130 for me. i was under 21 when she filed it. The case was approved in 2009 and sent to NVC. I came to US on F-1 student visa. Then
    in 2010, my mom passed away. Then my brother (US citizen) filed for reinstatement of I-130 as a substitute sponsor. The I-130 was re-approved in January 2014 and sent
    back to NVC for action. Since i am already in US and i fall under immediate relative, i want to file for AOS (adjustment of status). I want to know if i am eligible
    for AOS. but there is one complication, my F-1 visa is going to expire in march 2014. So please give me your suggestions and opinions, what would you do if you were in
    my situation?
    Also i go back to india to get my visa, how long does that process take?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: I-130 Approved but Im Not Sure if I Am Eligible for Aos.my Case is Complicated.pl

    Consult an immigration lawyer. A rejection could put you out of status and subject to ban.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Adjust Status Based on an I-130 Filed Prior to Entry on a F1 Visa

    "I was under 21 when she filed it" - and you are over 21 now?

  4. #4
    Join Date
    Dec 2012
    Posts
    4

    Default Re: Can You Adjust Status Based on an I-130 Filed Prior to Entry on a F1 Visa

    Quote Quoting Mr. Knowitall
    View Post
    "I was under 21 when she filed it" - and you are over 21 now?
    yes i am under 21. I can use the CSPA benefits.

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