My girlfriend mom's is a permanent resident and she is going to petition for her in January 2015. My girlfriend is unmarried and 30 years old. She lives in US since 2004 and her H2B Visa is expired since 2005. Her mom is going to petition for her in January 2015 under category F2B. If mom becomes US Citizen 2 years later, is it possible adjust her application status from F2B to F1 without have to go to the back of the F1 line (7 years) ?
No. It is not possible. The "adjustment" happens by operation of law - that is automatically - and not additional action will be needed from you.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
She can always elect to "opt out" of the more severely backlogged F-1 category and remain in F-2B, but must do so in writing.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
From what country is your girlfriend? So we can discuss the visa processing priority date
Yes your eligibility would be as a son or daughter of United States citizen.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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