Family based visa question

[jcpower]

Hi..this is my current situation:
My parents are permanent residents and filed for me on August 2002 as an unmarried over 21 son. I am from South America. I got my approval notice on September 2006. I guess I fall under the F2B category. Currently I work in the US with a H2B visa. My parents are about to become citizens this year (2007).

Question #1: Once my parents become citizens they are going to file for me as an unmarried over 21 son (category F1). Will I be placed at the end of the line in the new process or is there a way to obviate this and enter the new process at a more advance position? Will a good lawyer have an influence on this issue?

Question #2: At what point can I request for an Adjustment of Status given the fact that my process has been approved? Can Istay here in the US until I eventually get my green card?

Question #3: Eventhough I am not married, can I have children with my fiancee? What happens if I have children with her?
Thanks for your help.

[kayvan_kukoc]

Hello,

After your parents passed the swearing ceremony ,they will receive "certificate of naturalization" .

you need to send a copy of that plus a letter containing your name and case number of the petition you had.process is called upgrading case from F2B to F1 and current visa bulletin declares 01MAy2001 as the current processing time.

according to immigration law marrage will terminate theF2B case(unmarried son/daughter of permanent resident over 21 year's old) and even i recommend to avoid having a child with fiance before upgrading your case to F1 category.

good luck fellow

[jcpower]

Thanks for your reply kukoc

So there is such an upgrade from F2B to F1....but my question still remains....will I be placed at the end of the F1 line or will I be placed at a more advance position given the fact I was already waiting for a while in the F2B line.

Also, it is not clear to me which is my priority date...is it the date my case was filed initially or is it the day my case was approved??

thanks again!!

[kayvan_kukoc]

Hello,

after sending documents to NVC you will receive a letter from NVC as approval of upgrade containing a date mentioned as a "priority date" and this date will work as a liner for processing your case.

for example if you upgrade your case today and your priority date is august 2002 you have jumped from F2B(15MAY97 current priority) to F1(01MAY01 current priority) and it shows that you are 4 years ahead.

good luck man but do not marry before upgrade.

[jcpower]

Thanks again kukoc

I guess that is good news.... I was affraid that once I changed from F2B to F1 my new priority date would be.... lets say today if I had filed the papers today.

In your experience....do you think that hiring a very good attorney makes a difference on how smooth and how fast these processes may take?

[kayvan_kukoc]

Hello,

After upgrading your case ,you will wait till the time your priority date is current and even a well experienced lawyer has nothing to do with this period of time.

From this moment consider someone who fill "affidavit of support" for you either as a sponser or cosponser and after your priority date is current you will receive a packagecontaining D320 , visa fee and suppport forms fee info.

after making the payments and sending forms you will receive I840 affidavit of suport form and this is the time for hiring a lawyer cause these forms are tricky and from that moment lawyer consultants will be helpful for you.

[jcpower]

??

What do you mean wait until my priority date is current?? can you give an example based on my dates???

thanks