RP asked in Politics & GovernmentImmigration · 1 month ago

Can I apply for Adjustment of Status?

I am an Indian citizen on student visa in F1 United States.

An F4 immigration petition was placed for my father by his sister in August 2005 and I was listed as a dependent.

In any usual case, I would still be with my father and go to the Visa interview with him. But since I an in the states already, is there a way I can apply for a change of status and saving me a trip to India?

2 Answers

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  • 1 month ago

    I don't know your age but if you are over 21, you have aged out.

    Not a problem, 'cause a Green Card holder (your father -- soon) can petition for an unmarried child of any age. You'd be in the F2A "family preference category."

    According to the latest visa bulletin

    (https://travel.state.gov/content/travel/en/legal/v...

    F2A for India is "C" as in current. That means there is NO waiting time, just regular processing time. So once your dad got his Green Card, he can file an I-130 in your behalf and you can file for AoS.

    Source(s): I’m an immigrant from Europe, a retired US attorney, and live in Santa Barbara, California.
  • 1 month ago

    You have likely aged out of dependent status unless your aunt timely filed appropriate documentation. Furthermore, you don't know yet whether your father will be approved for any immigration visa. You cannot file for Adjustment of Status at present, and might not be eligible in the future, either. Talk to your father & aunt.

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