AOS gone wrong

[ellerich1 0]

A friend of mine filed 130 . 485 & 765 concurrently last year, from A B2 visa Under the category F2A ( Unmarried alien of LPR under 21 ). At the time, They weren't aware that the mom had to be a USC. Went through 2 interviews, Received work permit & on third interview they realized that the case would have to be denied since there was no visa number available at the time when it was filed. They however did approve the I 130 & told them to refile 485. 6 months have already expired & now that she's no longer pending AOS that means she has no Status. What happens if they refile now while her mother is still an LPR ? Does the visa numbers being current for F2A category affect her positively in anyway ? What can be done about the issue of overstay? Her mom is also currently in process of becoming a citizen, Interview already done, Just waiting for decision, If all goes well with that and she is approved, How does that affect her positively?

[Harpa Timsah 13,258]

Overstay is not forgiven for F2A category. Your friend needed to leave. Now he has to leave and come back with a proper visa. Also, it's possible that he will need a waiver for overstay. Is he under 18?

Edited September 10, 2013 by Harpa Timsah

[ellerich1 0]

Overstay is not forgiven for F2A category. Your friend needed to leave. Now he has to leave and come back with a proper visa. Also, it's possible that he will need a waiver for overstay. Is he under 18?

That is understood, I'm aware that overstay is forgiven for Immediate relatives of USC's however. She is currently 18. So let's say her mom becomes a USC.. Where do they take it from there?

[Harpa Timsah 13,258]

That is understood, I'm aware that overstay is forgiven for Immediate relatives of USC's however. She is currently 18. So let's say her mom becomes a USC.. Where do they take it from there?

Immediate relative of USC is defined as child under 18, I believe.

Edit: Nope, it's 21. So after the mom becomes a USC they can refile a I-485, as long as it happens before the person is 21.

Edited September 10, 2013 by Harpa Timsah

[ellerich1 0]

Immediate relative of USC is defined as child under 18, I believe.

Edit: Nope, it's 21. So after the mom becomes a USC they can refile a I-485, as long as it happens before the person is 21.

I'm pretty sure it's 21. But thank you anyways.