F1-OPT expiring and would like to do an Adjustment of Status through Allien relative (mother) by way of Concurrent filing

M

Mac688

New Member
I came to the USA on a F1 visa and completed my program. I am currently on post graduation OPT work authorization which will be expiring in 3 months. My mom is a LPR and filed an I-130 on my behalf last year. She is eligible to for US citizenship this year.
My question is can my mother do a Concurrent filing for me to stay in the USA after she acquires her USA citizenship, eventhough my I-130 is still pending?

If it's not possible for my mom to do a concurrent filing, can I file a change of status request to go from F1 Status to B1/B2 status?
If so, can i stay in the USA while the change of status is pending?
Also, should I submit the change of status request before my OPT expires or within my 60 days grace period?

I have a visitors visa and an additional 6 months in USA would help me to get myself together and put things in place if I must leave the USA.

I do not wish to acrude unlawful presence in the USA and I am looking for the best option to stay in the USA.
 
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Unfortunately, in that case it doesn’t change your timeline. As you are over 21 you will not fall under the “immediate relative” category, which is what you’d need to be able to just remain in the US when your mom becomes a citizen. When she naturalizes, your I130 will automatically convert to the appropriate category, which in your case is F1 (family preference, not to be confused with student F1) from F2B currently. In fact, F2B currently has a shorter wait for a visa than F1, but you can elect to retain the advantage of that - see details here https://travel.state.gov/content/tr...grant-visas-processing-general-faqs.html#ivp6

You can attempt to change status to B2, but you have to demonstrate concrete plans to leave at the end of that period for the CoS to be granted. Even if you believe you do that, there is a chance the CoS will be denied for immigrant intent given that there is an I130 filed for you. Depending on your service center, the processing time for i539 change of status form is 3.5-6 months. if you apply now and there is no decision by the time your F1 status is up, you are out of status but do not accrue unlawful presence while the i539 is being processed. However, if you are denied, you will have to leave immediately upon being notified of that so as not to accrue unlawful presence. If you are approved, the approval will backdate to the date your prior status expires. More details on this on page 4 here https://www.uscis.gov/sites/default/files/document/guides/C2en.pdf
remember even if you start accruing unlawful presence, you don’t get a ban on entry before accruing 180 days of it, however unlawful presence is a bar to adjustment of status.
 
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