Adjusting Status of Step Son with I-130 already filed

[Mango & Peach 0]

Hi,

My step son who is a minor is here in US on a visit visa for almost a month now. I already filed for him an I-130 last April. Is it possible to file for him an AOS? When is the best time to file it?

Thanks and God bless.

[JimVaPhuong 4,863]

Hi,

My step son who is a minor is here in US on a visit visa for almost a month now. I already filed for him an I-130 last April. Is it possible to file for him an AOS? When is the best time to file it?

Thanks and God bless.

It's legal as long as there was no preconceived intent to immigrate at the time he entered the US. If the I-130 has been not been approved yet then send a copy of the I-130 acceptance notice (the NOA1). If the I-130 has already been approved and sent to NVC then send a copy of the I-130 approval notice - you might have to wait for USCIS to get the petition back from Department of State.

[Mango & Peach 0]

It's legal as long as there was no preconceived intent to immigrate at the time he entered the US. If the I-130 has been not been approved yet then send a copy of the I-130 acceptance notice (the NOA1). If the I-130 has already been approved and sent to NVC then send a copy of the I-130 approval notice - you might have to wait for USCIS to get the petition back from Department of State.

Thank you for the reply.

When is the best time to file for his adjustment of status? I filed for my step-son's I-130 almost 4 mos ago and he's been here for more than 2 mos. Is this something that we can do ourselves without lawyer like when we file for their petition? My wife is still waiting for the approval of her AOS.

Again, would appreciate your help on this. Thank you...