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F3 Visa Derivative Child: Updated CSPA, AOS,
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Richa Gujrati
9/21/2023 6:02:31 PM
Total Post: 1
Category: F3 India
Situation Summary: I'm currently facing a unique immigration situation in the USA. My mother is the principal applicant for the F3 immigration visa, and I am her derivative child/applicant. She's expected to arrive in the USA soon, and once here, she'll receive her green card. As for me, I'm in the USA on an F1-student visa, and both of us have completed the necessary payments for consular processing and DS260. Due to COVID-related delays, I've now turned over 21, which typically complicates my eligibility for consular processing. However, there's been an update to the USCIS CSPA policy on February 14, 2023. This updated policy determines age eligibility based on the visa bulletin's date of filing chart specifically for Adjustment of Status (AOS) applicants. Questions I Have: 1. Considering the updated CSPA policy, should I proceed to apply for Adjustment of Status (AOS) I-485 when my mother receives her green card in the USA? My intention is to maintain my F1 status until there's a final decision on my I-485 application. 2. In case my I-485 application is denied, would that affect my F1 student status? My goal is to continue with my F1 visa and pursue my studies in the USA, if my I-485 gets denied. Reasons I Believe I'm Eligible: 1. The DS260 fees have been paid, satisfying the "sought to acquire" requirement. 2. When my Priority Date was listed as current in the visa bulletin in July 2021, I was 20 years

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