F4 sibling visa

A

Aish96

New Member
I am the derivative beneficiary currently on an H1B visa, and my mom, who is the principal applicant, is in India. The priority date is now current, and we have received a letter to submit all the documents, with the next step being the consular interview.
Do I have to travel to India to attend the interview or Can I apply for I-485 (Adjustment of Status) without going back to India?
 
You don’t have to, but it will be a lot faster if you go back to India to join them for the interview. Otherwise you need to wait for their case to be approved before you can apply and the adjustment process can take many months.
If you are on H1B you are presumably over 21, I assume you have checked to confirm whether you are age-protected by CSPA.
 
The I-130 was pending for 4 years, 2 months, 22 days, so you don't age out until age 25 and 2 months, 22 days. That happened in July 2021. In July 2021, the visa bulletin charts for F4 India were in 2005, so a visa wasn't available. So you have aged out.
 
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