4 questions/confirmations

[richpowell 0]

I have 4 questions for which I believe I already know the answers but wanted to confirm. First, some background:

1. My dad petitioned my step brother using form I-130 and it was approved last year. His priority date is April 8th, 2015. He falls under F2A.

2. My step-brother was going to do NVC consular processing but, after my dad spoke to a congressman in Texas, he decided to rather change his status using form I-485. He decided to make this change after my step-brother was already in the US (entered using a visitor visa). In other words, there was no intent to adjust status when my step-brother entered the US using his non-immigrant visa.

3. The case is currently pending with the NVC (they are waiting for us to file the immigrant visa application). We already filed the AoS with the NVC before realizing the I-485 was an option.

4. My step brother is only 6 years old.

Now, the questions:

1. Since we will now be filing form I-485 we assume that after we've filed it we just need to call the NVC and tell them we changed our mind and decided to file I-485 instead of going through consular processing and can they please transfer the case back to the USCIS?

2. Right now his approved I-130 priority date of April 8, 2015 is not current (i.e. a visa number is not yet available). However, the new charts the USCIS publishes for "when you can file your I-485" currently lists June 15, 2015. Based on this, I believe he can indeed go ahead and immediately file the form I-485, correct?

3. Would he check section 2A on the I-485 even though his priority date is not yet current? It seems counter-intuitive but there doesn't seem to be any other adequate option.

4. My step brother's I-94 expires before the USCIS will likely approve the form I-485. My understanding is that my step brother is not allowed to leave the US while the I-485 is processing. We obviously don't want to do anything illegal but my understanding is that until a decision is made on his I-485 he can remain in the US even though his I-94 has expired. Is this correct?

Thanks all for the help!

[Boiler 46,295]

When dose his I 94 expire.

[richpowell 0]

When dose his I 94 expire.

He entered the US at the end of October last year so I would guess it's around the middle/end of April. I'll find out exactly when and reply back.

[Boiler 46,295]

Does not really matter, he is in status, his visa number is current, adjust away.

[richpowell 0]

Does not really matter, he is in status, his visa number is current, adjust away.

OK great. As for my other questions/assumptions - are they all correct? Thanks for the help by the way!

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~