Hi, Everyone.
I appreciate your time!
Here is my case. My father was approved for interview for green card. Tha package includes him, my mother and me. The interview is scheduled for November 19th, 2008 in Sofia, Bulgaria. My parents are currently living there.
Right now I am in the United States under F-1 status.
My question is: Should I go home for an interview or do AOS here in the US? Is it true that if I amdenied a green card back in Bulgaria, the embassy will take my F-1 visa and not let me enter the US under F-1 status?

Thanks again.
Anna

quote:

Originally posted by AnnaAleksandrova:
Hi, Everyone.
I appreciate your time!
Here is my case. My father was approved for interview for green card. Tha package includes him, my mother and me. The interview is scheduled for November 19th, 2008 in Sofia, Bulgaria. My parents are currently living there.
Right now I am in the United States under F-1 status.
My question is: Should I go home for an interview or do AOS here in the US? Is it true that if I amdenied a green card back in Bulgaria, the embassy will take my F-1 visa and not let me enter the US under F-1 status?

Thanks again.
Anna

Maybe off Topic? Your Studies??? Time Here??? Specialty???

Anna: I don't know the answer as to whether you should return to Bulgaria for the interview, or remain in America for AOS. Have you been summoned for an interview, or are you automatically covered if your father is approved?

It is very possible that, if your petition for immigration is denied, your non-immigrant visas will be canceled. Perhaps you could consult an immigration attorney in your local area - many attorneys have free initial consultations.

Thank you so much for your reply, SDUSA and OldE. I did talk to attorney in my area and they told me there is a risk. But just wanted to get a second opinion from somebody who went through a similar situation. So far, I find out the same from everyone, that if denied back in Bulgaria, I won't be allowed to enter the US as an F-1. And I do need to finish my education.
My parents has been scheduled an interview and as I read and talked to my attorney, it seams that I only need their approval letter, so I can appear on interview here in US along with all other documents, of course.

The other problem comes, how much time will the AOS take, because I turn 21 on November 8th. There is some Protection Child Act, which is supposed to give me time up until I turn 21 and 1/2. Do you know something on this side?

Anna, why do you think you may be denied? or is there is a reason your parents may be denied (and then you as well)?

It is not that once you are 21 or 21 and 1/2 (I have no idea why those 6 months) you are out. It depends on how long I-130 had been pending. Find out the date (priority date on receipt) of submission and approval date. That much more time you have after you turn 21, to get your new status.

Yea. We are in the middle of an election, stock collapse and the collapse of America and Capitalism and we are electing a terrorist as President. Are you aware of this or just what is going on in your own little bubble???

quote:

Originally posted by AnnaAleksandrova:
Hi, Everyone.
I appreciate your time!
Here is my case. My father was approved for interview for green card. Tha package includes him, my mother and me. The interview is scheduled for November 19th, 2008 in Sofia, Bulgaria. My parents are currently living there.
Right now I am in the United States under F-1 status.
My question is: Should I go home for an interview or do AOS here in the US? Is it true that if I amdenied a green card back in Bulgaria, the embassy will take my F-1 visa and not let me enter the US under F-1 status?

Thanks again.
Anna

The package should include who should attend the interview. Generally, minors of the applicant are not required. If you and your mother get the green card, then it will depend on how old you are. If you are under 21, then your status will change from F to permanemnt resident. If you are over 21 then there will be a wait time. This may have a direct impact on your F-1 status if you need to renew your student visa. You will still have to show no immigrant intent to the U.S.

If the green card is denied, this should not affect your current F status for the immediate future. Hope this helps.

quote:

Originally posted by Hudson:
If you are under 21, then your status will change from F to permanemnt resident. If you are over 21 then there will be a wait time.

what do you mean by "there will be a wait time"? can you be more specific? thanks

Thanks for all your replies.

I trully appreciate that. It helps a lot.

My F-1 visa is valid until May 2010, the end of my education. I do not need to renew it every year.

21 and a half because the Child Protection Act gives you the time from you appling for green card until you get the first packet, which is normally around 6 months. That's where the 1/2 comes from.
Hudson, do you mean that if I get denied, they will not take my student visa? What some people say is that, once you get denied for green card, they will annulate all visas such as F, so they prevent people from entering the US and staying there illigally after their visa expires. Do you have any idea how long would it take to do AOS after my parents get approved /if this happens/?

Thank you for your time and suggestions.

quote:

Originally posted by AnnaAleksandrova:
21 and a half because the Child Protection Act gives you the time from you appling for green card until you get the first packet, which is normally around 6 months. That's where the 1/2 comes from.?

If you apply for AOS, what would be "the first packet"?

quote:

Originally posted by AnnaAleksandrova:
Do you have any idea how long would it take to do AOS after my parents get approved /if this happens/?

It largely depends on where you live / your local office.

I realize you are right, Aneri. There is no first package when applying for AOS. So what you are saying is that if my father gets the green card and I apply for AOS after /when I will be over 21 for sure/, there is no chance that I will get it?

I study in the University of Bridgeport, Connecticut, where I live as well.

Please, somebody give an acurate answer if you know.

Thanks a lot!
~ Anna

quote:

Originally posted by AnnaAleksandrova:
So what you are saying is that if my father gets the green card and I apply for AOS after /when I will be over 21 for sure/, there is no chance that I will get it?

No, I say:

quote:

Originally posted by aneri:
It depends on how long I-130 had been pending. Find out the date (priority date on receipt) of submission and approval date. That much more time you have after you turn 21, to get your new status.

That's general rule to determine if you qualify at all to be considered under 21 for immigration purpose even after your 21st birthday. There are a few more conditions, but this is a start...

Find out which would be your Field office and check Processing time for I-485. That will give you an idea how long it might take for AOS, but remember, processing times do change...
https://egov.uscis.gov/cris/jsps/ptimes.jsp

Aneri,

My last question to you. I never sumbitted the I 130, neither my parents did. When I read the instruction, I suppose it will be my father that will have to file it for me. Is this correct? Also, if I have to file it, am I supposed to do so after they get approved at their interview on the 19th of November or right away? Should I submit it here in the US or back in Bulgaria?

Thank you so much!!!!!!!

A sponosor files I-130 (family member; your father's parent, sibling?!) or I-140 (employment based). That was probably done years ago.

If you age out as dependant(over 21 for immigration purpose), one of your parent can sponsor you directly when he/she becomes permanent resident. In that case, your parent will file I-130 for you.

Embassies and consulates routinely cancel non immigrant visas upon receipt of or interview for immigrant visas because the alien is then presumed to be an immigrant. However, that is not required nor is the cancellation only because an immigrant visa is denied, it is done because the alien can no longer be a non-immigrant because the alien has expressed intent to immigrate. The important question is whether you stated on your F-1 application that you were the beneficiary of a petition. At this point, unless you can make some case to the consular official, your non-immigrant visa will be cancelled. However, if you apply for AOS a skilled District Adjudication Officer will seek a copy of your non-immigrant visa application to check what you stated on your non-immigrant visa application.

The second question is whether the petition for your father was filed before you applied for your non-immigrant visa.

Additionally, you may not enter the U.S. as a non-immigrant if your intention upon returning to the U.S. is to adjust status. You must adjust status on this current entry or not at all. However, you might be able to fool a CBP Officer at a port of entry or a DAO on an AOS application.

The best option is to AOS here, if that is possible.

Actually, I have the F-1 since 2006, when it never went through my mind that there is chance that we might win from the DV Lottery. And my father got approved from the DV 2009. I never stated in my F-1 application that I were the beneficiary of a petition.

I am in the US right now, doing my junior year in college.

When it comes to DV (no I-130 or I-140), "petition pending" is the time between the first day of the DV mail-in period for the year you are selected and the date when you were notified that you were selected. You can deduct those days (months) from your age at the time the visa became available.

Now, that looks like you wan't age out (since you are not yet 21) as long as you seek to get the benefits (permanent residency) within a year of the time visa became available.

But, I have seen cases where consular or immigration officer makes a following calculation: age at the AOS - (minus) days "petition was pending". That can be disputed but it gives a lot of headace...

It's your call which way you wan't to go...

Yea, we are in the middle of the most important election ever; would you mind not bothering us with your trivial issues at this time for God's sake !! ?

Actually on second thought, keep distracting us.

Yea. We are in the middle of an election, stock collapse and the collapse of America and Capitalism and we are electing a terrorist as President. Are you aware of this or just what is going on in your own little bubble???

...............................
SonofMichael
ILW Community Disorganizer