GC for unmarried over 21 son with current F1 visa

[hamid.farhid]

Hi

I have a question about approved I-130. My father is Permanent Resident and filed I-130 for me (unmarried son over 21) in July 2013. I am currently in US with F1 visa. I received I-797 approval notice in October 2013. I went to local USCIS office and the officer told me I should fill I-131,I-765,I864,I-693 and I-485 and send them to Chicago lockbox. I told her that notice says I should wait for NVC notice for immigrant visa, but she said you shouldn't wait for anything because you are in US and send them ASAP.
Now I received I-797C reject notice because my priority date is not current. I called USCIS in Chicago 3 times and I heard three different answers and finally the last representative told me make an appointment with local USCIS office. I am confused now and I don't know who is right!

I made an appointment with lawyer next week and will talk her about that. My case is rare and I couldn't find my answer here

 

[newacct]

Your case is not rare, and I think there is a small misunderstanding somewhere. You don't really need to talk to a lawyer about this.

After the I-130 is filed, you need to wait until the I-130 is approved AND your priority date is current for your category, in order to go to the next step. Your I-130 is approved, but your priority date is nowhere close to being current. According to the visa bulletin for this month (December), for the F2B category (adult unmarried children of permanent residents), priority dates of May 2006 are current now (for most countries; if you were born in Mexico or Philippines it's much further back). That means a wait of more than 7 years. If the trend continues, your priority date might be current around 2020/2021. You can check on each month's visa bulletin here.

When your priority date becomes current, if at that time you are in the U.S. in legal status, then you can apply for Adjustment of Status in the U.S. Otherwise, at that time you will be contacted about how to proceed with consular processing at the U.S. consulate where you live.

If and when your father becomes a U.S. citizen while you are still waiting, your petition can be upgraded to adult unmarried children of a U.S. citizen (F1 category). However, the wait is only a few months shorter (Nov 2006 is now current).

 

[Jackolantern]

Don't waste your time with a local appointment to discuss this. You're absolutely not eligible to file I-485 at this time. You can expect to wait 7+ years before you become eligible for adjustment of status. You will have to leave the US before that, unless you extend your F1 status for several years for a PhD, or switch to a work visa like H1B. When outside the US and your priority date becomes current, you'll file DS-230 or DS-260 with the consulate to continue the green card process to completion.

Note that if you get married before getting your green card, your I-130 will be nullified unless your father becomes a US citizen before you get married.