Am I really eligible?

G

gc200

Registered Users (C)
I have a quick question. I was discussing my case with one friend and he said that I might be eligible for greencard through change of category.

So my situation is that my father (US citizen now) filed a petition for me in may 2004 (i believe something like I-130), when he was a LPR. I-130 was approved and sent to NVC and I was told to check visa bulletin every month and wait for my priority date to become current. My dad became US citizen in december 2009. I am unmarried and over 21 so when i got the approval notice, I was classified under F2B (family based 2nd category). Now my friend told me this morning that since my father is a US citizen now and I am still unmarried, I can request USCIS to change my category to F1 (immediate relative category).

Is this true? Can i do that?

If this is true, then my priority date is current. Can i apply for greencard now. I am in US right now.

Please someone advice. Is this a hearsay or can I really do this?

I will be really thankful to everyone's reply.
 
Besides spouse and parents, only the children of USC, meaning unmarried and under 21 are in the immediate relative category, which is not F1.

Since your father is a USC now, you are in the F1 category. Unless you are from Mexico or Philippines, your May 04 PD is current as of Feb 1, 2010, and if you are in the US legally, you should be able to file for AOS.
 
just like okalian said, your father's petition will be prioritized but I'm advising you to seek legal services

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why Carpolaw? Can you please suggest why you are advising legal services? My case is extremely simple, isn't it? Son of a US citizen
 
Yes, no need for "legal service" here. Did your dad send his Naturalization Certificate along with a copy of the 797 for I-130 to upgrade the petition to F1? You should call NVC asap.
 
VisaNutz: Well i didn't know that i was eligible. So yesterday after finding out that i am eligible, I requested my dad to do that and NVC wrote us a short email saying that we will notify you.

Nonetheless, I am in US and thinking of filling I-485 or Adjustment of status. Do i need to do anything for that? I read on several forums that I could just submit I-485 and Approved I-130 together (is this not true?).

Also, which one is faster? I mean am I eligible to do Consular processing even if I am in US? or do i have to do adjustment of status?

Your replies are really appreciated.
 
oh yes, I am definitely legal. Too scared of US officials to do anything illegal (lol).

Ok then, AOS it is :)
 
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