Pending I-30 and Applying for change of status

[meelang 0]

could a child under 21 of a permanent resident apply for change of status while in the US with a pending I-30? My mother is a permanent resident who filed an I-30 petition for my sister that is under 21. My sister is currently in the US and I was wondering if she could file the I-485 (change of status) while the I-30 is pending? or should she wait until after she gets the i-30 approval letter. Any input would be greatly appreciated.

Also, her application was made early 2007 and it seems the california center is currently processing applications for Jan 2008 so we are hoping for an approval soon.

[payxibka 10,047]

could a child under 21 of a permanent resident apply for change of status while in the US with a pending I-30? My mother is a permanent resident who filed an I-30 petition for my sister that is under 21. My sister is currently in the US and I was wondering if she could file the I-485 (change of status) while the I-30 is pending? or should she wait until after she gets the i-30 approval letter. Any input would be greatly appreciated.

Also, her application was made early 2007 and it seems the california center is currently processing applications for Jan 2008 so we are hoping for an approval soon.

read the instructions to the I-485.... It says the I-485 can be submitted if there is an approved or pending petition

[meelang 0]

read the instructions to the I-485.... It says the I-485 can be submitted if there is an approved or pending petition

thank you for the response. I have read the instructions and i am familiar with the process of I-485; however it does not specify or indicate that it applies to a pending I-30 filed by a permanent resident. i wanted an answer from someone who actually knows for a fact what they are talking about...............

[TayRivers 4]

The child is in category 2A (child of a Permanent Resident) and is not classed as an immediate relative. They have to wait for an approved I-130 and a visa number to become available.

So no you cant just file AOS without an approved I-130 and a visa to allow for entry as an immigrant. You will have to wait.

[payxibka 10,047]

You answered your own question...

since you say you understand the instructions and it does not say...

conclusion...

it does not say there for it does not apply...

Edited October 12, 2008 by payxibka

[YuAndDan 153]

Firstly there is no I-30, perhaps you are talking about I-130?

Secondly, the petition filed has to be in a class where a visa number would be immediately available that is in the UNLIMITED class.

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

A visitor cannot adjust status based on relationship to an LPR, if your mother were a US Citizen, then YES.