1-130 and 1-485 for married son concurrently?

[ManyQuests12 0]

Hello,

I am US Citizen and I want to petition my son who is currently living in the US with only a working permit. He did not arrive on any visa and is over 21 and married. I understand I should file the I-130 but should I also file the I-485 with it too?

[Harpa Timsah 13,258]

No, you cannot file I-485. A visa number is not immediately available for married children of USCs. Furthermore, he will not be eligible to adjust in-country because he entered without inspection. I-485 won't be a part of your path. Good luck.

[aleful 1,905]

Hello,

I am US Citizen and I want to petition my son who is currently living in the US with only a working permit. He did not arrive on any visa and is over 21 and married. I understand I should file the I-130 but should I also file the I-485 with it too?

so how does he have a work permit if he doesn't have a work visa? no you cannot send the i485 concurrently because he is not an immediate relative, he will have over 10 years of waiting depending on what country he is from. if he isn't legally in the country, he will go through consular processing in his country and depending if he has been living ilegally in the country for more than 1 year he will have a 10 year ban and will have to file a waiver and you a hardship letter.

please explain what type of permit and visa does he have to stay legally in the US. you can only file the i130.

[ManyQuests12 0]

He has TPS because of the crisis that occurred in Honduras letting him work legally in the US. Does this change anything?

[Harpa Timsah 13,258]

It doesn't change the fact that a visa number will not be available to him for years. Maybe in 10 years when his priority date is current the laws will be different for TPS people. Look up "visa bulletin."