I-130/I-485 (Please Reply - Quick Question)

[alimemon]

Hi,

If my I-130 gets approved while I am inside USA on a Student or Visit visa, can I apply for Adjust of Status Form I-485? Or do I still have to wait 10 years for visa number to be available.

My I-130 is pending right now and I plan on going to US next month on Student or Visit Visa (Not sure yet).

My sister (US Citizen) applied for me when I was visiting her last year. I have now returned home.

Many thanks.

Memon.

[lionofafrica]

I-130/1-485/ memon

Hi, Memon. it appeared that your sister file I-130, for you, then you will be in the F3, family preference category and your wait time may likely be as long as 10 years or longer. whether you are in the US or not, it does not matter.
You may not be able to enter the Us, again on a visitor Visa, since you have an immigrant visa application pending with USCIS, you have clearly demonstrated by this action that you have an intent to remain in the US.
However, your only other avenue may be a student visa, of which you will have to clearly demonstrate an intent to attend the school that filled the I-20, for you, otherwise you will be in clear violation of that visa category and may come to bite you at a later I485/ consular interview. You may also enter the US, with an immigrant visa, regardless of the your pending I-130 application, if you are single and genuinely fall in love with an America citizen( please do not enter into a sham marriage, because you will be caught and when you are caught, the penalty is tantamount to a dead sentence in the criminal justice system- i.e, you will be bar for life from entrying the US).
Please consider your options carefully, because a patient dog eats the fattest bone: ICE, is no body's friend and USCIS/ICE, do not joke these days since Osama Bin Laden rear his ugly head in America.

Cherio.
Lionofafrica.
I'm not a lawyer, you may consider talking to a lawyer versed in Us immigration laws, but trust me I've been dealing with USCIS for more than 10years, whatever you do today will be history tomorrow, untill you acquire your citizenshiop, be weary of the Owl( USCIS).