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My Dad Won DV Lottery, I'm His Son Studying In the US

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  • My Dad Won DV Lottery, I'm His Son Studying In the US


    Hope this post will find you all in a good time. My dad received his GC (which he got via the dv lottery) couple days ago. Now we want to start the process for me. I’m his son, I’m over 21 and am unmarried so I will go into the queue with Second Preference (2B) status, but I’m currently in USA with an F1 student visa (in OPT status to be exact). So far I learned from my research that he needs to fill the form i-130 (Petition for Alien Relative) and pay a $535 fee and since I’m already in the U.S. I need to fill the form i-485 (Application to Register Permanent Residence or Adjust Status) and pay a $1,140.

    What I don’t understand is why do I need to apply for it too? If I wouldn’t have been here I wouldn’t have to pay that fee. This made me think that maybe they will issue a GC for me without putting me into the 5-6 years queue. I couldn’t find anything related to this on the internet so far. Do you think (or does anyone know if) they will process my file immediately after I submit it? If not, what is the purpose of this form and why is it putting me in a worse spot than someone residing outside the US?


    Edit: I just saw the "Family Based GC" section. I started the same thread there but I couldn't find the option to delete this post.
    Last edited by Nhill; 01-18-2017, 09:02 PM.

  • #2
    To adjust you need to be in the US in status when your visa number is current, so a loooong time to go.