[BAKERWTN]

Hi,

I am a student on F1 visa which will expire 2011 and currently in my first year of a two year graduate program expecting to graduate in June/July 2009. Before I had my student visa I had a family immigrant petition filed for me by my mother in 2001 (approved - priority date is April 2001) at a time when I wasn’t married and 34 years by then. Now am married in 2004 with three kids.

I am planning to stay here in the US to work for a while after my course before returning home and, am not sure if my marriage status now nullifies my first filing made by my mother (who is not here in the US as at now – gone home for medical treatment) so I want to know if I can use that petition to file for a change of status from student visa to green card holder. In the meantime both my father and elder brother here in the US as citizens (naturalization). I checked the recent visa bulletin and saw that the current priority date is around June 2000, which means other things being equal; it will get to my priority date soon.

If as it is I cannot pursue the change of status with my mother’s filing, since I am here in the US can I use either my brother or my father to file for a new petition? If yes which of them do you suggest is more appropriate to guarantee quick processing? In that instance should I have to file all documents at a go including an application for Employment Authorization Document? For you information I have been issued my Social Security number and have been registered for the school’s Curriculum Practical Training program, but there is currently no job opportunities in the school for that program (it’s all federal job opportunities for which I don’t qualify), so we have been permitted to look for jobs outside campus but its proving difficult because employers want those who are fully authorized to work. Just to let you know I live in Denver, Colorado.

Thanks so much in advance and hope to hear from you soon. Best regards.

Bakerwtn

[lawanwadee]

There is no alternative for a speedy result, plus to file a petition for siblings take 4 times longer. Your only concern now should be your legal status, don't overstay if you are currently in US, otherwise your case will be denied.

[BAKERWTN]

Hi Lawanwadee,

Thanks so much for your feedback to my question and fro the time. I still did not get things clear from your point. Can I still file fro a change of status based on the first petition by my mother or I should have to file a different one through either my father or brother?

I look forward to hearing from you again, and have a good day.

Bakerwtn.

[lawanwadee]

You can file for change of status based on petition filed by your mother. However, if she is not living in US, or her annual income does not meet the requirements, you can have joint sponsors which could be either your father or brother..

Do not file new I-130 because the previous one will be canceled and you will be put at the end of the line and you will have to wait for another 5 years.

[BAKERWTN]

Hi,

I am currently on F1 visa in my second and final year of graduate studies with a family immigrant petition pending on my behalf. I recently received a letter from the National Visa Center with a form titled "Choice of Agent and Address Form" which I have to fill and return back to the Center. A paragraph on the form says that if I intend to adjust status I should inform the Center before I take any action. My current F1 visa expires in September 2011 and I have not been out of status. My question is can I adjust status based on that paragraph or follow the regular immigrant petition process. Is there any advantage in either options and which one is it? Secondly, which one will be faster since I want to get my work authorization quicker as I am finding it difficult getting jobs with my student visa because the school does not have on-campus employment and I don't have enough funds to apply for EAD based on severe economic hardship.
I hope to hear from you soon and have a wonderful day.

Baker.

[lawanwadee]

What category you're talking about? Family based? Who did petition you?

[BAKERWTN]

Hi Lawandee,

Thanks so much for your feedback, and this is the status of my petition.

It is a family based petition with category 2B, petitoned by my mother who has currently gone home for medical treatment (expected back though). I have my senior brother and my father here who are both citizens and in case my mother delays I intend to use either of them to support my processing. So my question still remains can I adjust status or follow the regular process and which one is quicker in helping me getting employment authorization early.

Thanks, Baker.

[lawanwadee]

To remain in 2B, petitioner must be either father or mother only and petitioner must live in US.

[DCcityboy]

To get permanent residence, you must have a petitioner.

In this case, there is more information required before anyone can get you specific information. For you to be petitioned as an FB-2B, your mother was a permanent resident, and you had to be an unmarried adult child of a permanent resident, is this factually correct? If so, then your subsequent marriage takes you out of the 2B category, and there is no category for a married adult child of a permanent resident.

Your father, a USC, can petition for you, but it will be in the FB-3 category, and you will only now be establishing your priority date, which is your place in line. Check the DOS visa bulletin for the FB-3 priority date.

Is your wife a USC? That will help... a lot!

As you have a family here, and your mothers petition may be voided, I advise you to consult with an experienced or board certified immigration attorney. I hope this was helpful, good luck!