1-485 and priority date

T

triplexxx

New Member
I have 3 questions: I am a student in the US on a F-1 visa ( school) and I am still in school. I am over 21 years old:

1) My mom filed for me back in April 2006 when she was a permanent resident. She has now become a citizen in Feb 2013. Am pretty sure I should move from category 2B to F1 but do I need to call USCIS to inform them or will it be done automatically?

2) Do I get to keep my April 2006 priority date when i move over to the F1 category?

3) Based on the current priority dates available, my priority date (APRIL 2006) is almost current. When it becomes current do i just go ahead and file for AS ( I-485) or should I contact USCIS and ask them first?

I just want to be sure I am doing the right thing. Thanks for all who respond......
 
If you're inside the US legally when the PD becomes current, you don't need to do anything but file the I-485 (and related documents such as I-693, I-765 etc.) when the PD is current.

Make the I-693 medical appointments ASAP; you need 2 appointments a few days apart, and then it can take a couple of weeks after that to get the results. Don't worry about doing the medical too early, as it can be done as much as 12 months before filing the I-485. If you get the results before your PD is current, you'll be able to file the I-485 without further delay.
 
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The only additional suggestion I would make is that you should enclose a copy of your mother's naturalization cert to demonstrate that she is a citizen and you qualify for FB1; USCIS may think her petition is still FB2 and deny you for filing too soon.
 
TheRealCanadian said:
The only additional suggestion I would make is that you should enclose a copy of your mother's naturalization cert to demonstrate that she is a citizen and you qualify for FB1; USCIS may think her petition is still FB2 and deny you for filing too soon.
Click to expand...

I thought it was standard that evidence of the petitioner's US citizenship should be included with the I-485 if the petitioner is a US citizen, regardless of whether the case involves a family category upgrade, so I didn't mention that. However, maybe it's worth an explicit mention.
 
Generally speaking that would be included with the I-130, as it's really only relevant to that petition, not the I-485. Since for Immediate Relatives they're filed at the same time it would go in there - this is a different case in that the I-130 is filed long before the I-485. Since I'm here, it might also be worth a cover later highlighting that the petition was FB2, but is now FB1.
 
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