Well, finally my visa number is current for the F1 category 6 year wait. OK, what now should I do;get a lawyer to fill out my 1-485 or do it myself? And does anyone know how long I'll have to wait for an answer?
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by traveler:
Well, finally my visa number is current for the F1 category 6 year wait. OK, what now should I do;get a lawyer to fill out my 1-485 or do it myself? And does anyone know how long I'll have to wait for an answer? </div></BLOCKQUOTE> Are you in the USA? In what status?
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well, what's next depends on your status in the USA.
If you have a legal status (like student or work visa), you can file I-485. It is not a complicated form, and you can always ask questions if you get stuck... Just read the instructions. How long it will take depends on your local office. You can check processing times on USCIS web-site.
If you entered illegaly and/or overstayed, it is most likely that you can't adjust status in the USA.
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May I? Try this link: http://www.ilw.com/govttimes/d...of-state-family.shtm. What you're asking about is under 'Family / 1st Preference' and it's by country.
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by traveler:
Aneri, you can apply for your adjustment of status even if you've overstayed. You can't if you entered illegally. </div></BLOCKQUOTE>
Not in all instances, sorry. Only if you're an immediate relative of a USC (spouse, minor child, or parent) or that of an LPR's (spouse or minor/unmarried child) with section 245i coverage. If the I-130 was filed on or before 1998 cutoff date no problem; but if it was filed on or before the 2001 cutoff date, you should have been physically present on US soil since 12/21/2000. You just have to pay $1000 penalty either way.
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... yeah, I was looking into your numbers: 6 year wait -> I-130 filed in 2002, and being in category F1 = one would NOT be able to adjust status in the USA unless that person has a current legal status or is covered under 245(i). One of the conditions to claim 245(i) is that I-130 was filed before April 2001.
So I wrote "if overstay, most likely can't adjust stastu" as you were not too specific about those details.
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