I-130 approved and 485 is pending for last 2 years and 6 months. Should I do a mandamus? F2A catergory.

javedqureshi23

New Member
I was lawfully present in the USA and my mom who is permanent resident applied for my green card. I was under 21 when she applied for me. My Priority date was Nov 17th 2021 and I-130 was approved. I am still in USA and applied for I-485 adjustment of status. Since then my case has been under processing. My question is that I have been told by other attorney that I don't qualify for adjustment of status. As per them I should have left the country and applied for a visa. But when I applied for I-130 the priority date was current and I was under 21 and was also an active F-1 student. My f-1 visa expired 20th Nov 2023.
My I-130 received date is 11/15/2021 and my Notice date for I-130 approval is 03/02/2023. As per I-130 my priority date is 11/15/2021. I sent my I-485 on 11/17/2021. Since them I have been waiting for my case to update. Priority date was current on the Visa bulletin page for Nov 2021 and Dec 2021. In March 2023 I got my I-130 approved and during that month also F2A was current. My question is have I over stayed?

NOTE - At the time of me filing 130 and 485 the F2A priority date was current.
 
F2A could file AOS immediately in Nov 2021 according to USCIS's AOS filing charts.

Were you in status on the date you filed I-485? Status and visa are different. The visa's expiration date is irrelevant when you are inside the US. When did your I-20 expire? Did you comply with all the F1 requirements until I-20 expiration? Did you graduate, and if so, when? Did you do OPT, and if so, did you complete it and when did it end?
 
Were you in status on the date you filed I-485? Yes I was in status and was in college at the time of filing I-485. I filed I-130 and I-485 together on Nov 01 2021.
Status and visa are different. The visa's expiration date is irrelevant when you are inside the US. When did your I-20 expire? I-20 expired on Nov 2023 and Visa(F-1) expired Nov 2023. My approval for I-130 was on March 2023. I got my EAD on May 2023.
Did you comply with all the F1 requirements until I-20 expiration? Yes
Did you graduate, and if so, when? Graduated in May 2023.
Did you do OPT, and if so, did you complete it and when did it end? No i did not do OPT.

Right now the priority date is showing as 01JAN22. When I applied it was current and the PD on my I-130 is 11/17/2021.
 
This is confusing. You said above that I-130 was filed 11/15/2021 and I-485 was filed 11/17/2021? Now you are saying I-130 and I-485 were filed 11/1/2021? Then you say your I-130 has priority date (i.e. the date the I-130 was filed) of 11/17/2021?

Anyway, you remained in F1 status until 60 days after you graduated, so some time in July 2023. You were in status when you filed I-485 in Nov 2021, so you are fine. I don't know why your I-485 isn't approved yet.
 
This is confusing. You said above that I-130 was filed 11/15/2021 and I-485 was filed 11/17/2021? Now you are saying I-130 and I-485 were filed 11/1/2021? Then you say your I-130 has priority date (i.e. the date the I-130 was filed) of 11/17/2021?

Anyway, you remained in F1 status until 60 days after you graduated, so some time in July 2023. You were in status when you filed I-485 in Nov 2021, so you are fine. I don't know why your I-485 isn't approved yet.
I am sorry I shipped the documents on 11/1/2021. The receipt date was 11/15/2021 for I-130 and I-485 was 11/17/2021. So the date printed as my priority date on I-130 is 11/15/2021 and for 485 its 11/17/2021. Sorry about that.
 
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