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Aldi & James

Need advice for an A-2 Visa to Permanent Resident Adjustment

By Aldi & James in Adjustment of Status from Work, Student, & Tourist Visas

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Aldi & James Rookie

Aldi & James   2

Posted
Filed: Lift. Cond. (pnd) Country: Indonesia
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Posted

A friend from a foreign country has been working at a consulate office for his country here in Chicago since 2010. He has since gotten married (to someone from his country) and brought her here on his A-2 (diplomatic workers & family) visa. They had a child who is a US Citizen and carries a US passport two years ago. In other ways, they do not own property here and the child hasn't started school yet. They have just learned that their A-2 visas will become non-renewable in 2021 due to a new rule in their country or the US.  In any case, they'd like to stay. He says his coworker is doing an adjustment of status from A-2 to green card, but he has older kids and owns a home. His country is not at war, there are no other asylum-related issues or concerns about safety if he returns to his country. He just feels this is a better place to raise his child and has already established a home, family, and friends here. I can't see any cause for adjustment since the section 13 requirements do not apply. Has anyone heard of such a case or seen any success in this type of adjustment? I'm happy to help him submit all his documents, but I feel like it might be wasted money if they'll never approve it.

Boiler Grand Master

Boiler   46,248

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

When the child is 21 the cild can sponsor the parents.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Agreed with the others - there's no legal basis to apply for permanent residence (at least until the child turns 21).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Aldi & James Rookie

Aldi & James   2

Posted
Filed: Lift. Cond. (pnd) Country: Indonesia
 Timeline
  • Author
Posted

Thanks all! This was my thought as well.

 

The child is 2 years old, the wife is also from his country, no other family lives here...and they aren't superstars in sports/movies, nor have $1 Million to invest in US companies, nor are they victims of a war-torn country or anything else. Basically, family sponsorship is out, work sponsorship (from current employer) is out, and asylum is out.

 

He has a computer engineering degree and I think his best chance would be to get sponsorship on an H-1B. Alternatively, he could apply for the diversity lottery. They do not meet any other criteria from what I can see.

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