My I-130 petition was approved and I am waiting for my visa #. My current student status is about to expire. Do I have to leave US? My I-130 is as unmarried child of a permanent resident filed in 2005.

Having an approved I-130 does not give you a right to live in the Unites States. After having your I-130 approved, you must apply to adjust your status, i.e. get a green card. Since you are already in the U.S., you can adjust your status only if you are in the U.S. legally—on an unexpired visa.
If you are an immediate relative–that is, you are unmarried, under 21 and a child of at least one American citizen—you do not have to worry whether your visa has expired. As long as you entered the U.S. legally, you can apply to have your status adjusted. If you are not an immediate relative, you must file for your adjustment of status before your visa expires.
You stated in your question that your Form I-130 has been approved and that you are “waiting for a visa #”. Does that mean that you have already filed to adjust your status? If that is so, that’s great! That means that you sought to change your status while on a current visa. Otherwise, you need to apply to adjust your status. If your Priority Date ( the date on which you can apply for a green card) has not yet come up and your F-1 visa is about to expire, you should consult an immigration lawyer immediately- telling him or her your specific facts. When your F-1 visa expires; copy of your I-797 Approval Notice; etc.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: