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from i-130 to i 485

Discussion in 'Frequently Asked Questions – I-485 FAQ' started by noa21, Apr 19, 2012.

  1. noa21

    noa21 Registered Users (C)

    hi everybody

    my name is noa and i have a question i hope that i will find the answer here, now i'm in the USA as a student F-1 Visa and i have a sister who is an American citizen and when she take the American nationality she submit for me form I-130 and i took the a proofe for this so now could i submit form I-485 to take GC ? and how long i will stay to take it ?

    my case # wac0709751932


    thanks all
  2. BigJoe5

    BigJoe5 Registered Users (C)

    The I-130 filing date became your priority date. As the sibling of a USC you are family-based 4th preference. This is shown as F4 on the Visa Bulletin. http://travel.state.gov/visa/bulletin/bulletin_1360.html [Go here and sign-up for e-mail alerts of the monthly Visa Bulletin.]

    F4 will take at least a decade to become current on the visa bulletin. You may not file an I-485 unless a visa is available (priority date is "current" on the Visa Bulletin) AND you are in a lawful status.

    It is highly unlikely that you will be able to remain in a lawful non-immigrant status long enough to file for adjustment based on your sister's I-130 for you.

    It could be used in the future for consular processing.

    You might have better luck pursuing an H1-B after you graduate and after you gain experience through work authorized while a student.

    IF you get a work visa process started and the F4 becomes current, THEN you might be able to switch to the F4 petition.

    In any event, it is likely to be a long process.

    Study hard!

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