Bringing an unmarried older than 21 yrs old.

[CSG046186 0]

Hello Everyone,

I am planning to adjust the status for my son, who is older 21, unmarried. He arrived about a week ago, obviously with inmigration admitted stamp and also has a 10 year valid tourist visa. I would be applying as F2 for the adjustment. Does any one knows for this category, Do I have to follow the 90 day rule or file right away? 

 

I' ve contacted Uscis and they said as long as he is here legally and in the USA, I can go ahead and file. 

[milimelo 4,581]

Not possible. F2B category is a at least a 5-7 yr wait until visa number is available. Overstay is NOT forgiven. 

[SusieQQQ 11,587]

Milimelo is correct, he cannot adjust status until his priority date is current. Not sure what you are actually filing under as this is citizen forum (would be F1 for over 21 unmarried son) but you say F2 (F2B is for over 21 unmarried son of LPR). Will take at least 5 years for either of those, maybe longer. Note also that if your son goes out of status at any point he will be ineligible to adjust. So unless he has a work visa or something like that that may allow him to legally stay until his priority date is current, he is going to have to return home before his tourist visa stay has expired and await consular processing.

 

Edit: unless you mean you already filed for him some years ago and his priority date is current?

Edited July 24, 2020 by SusieQQQ

[CSG046186 0]

7 minutes ago, SusieQQQ said:

Milimelo is correct, he cannot adjust status until his priority date is current. Not sure what you are actually filing under as this is citizen forum (would be F1 for over 21 unmarried son) but you say F2 (F2B is for over 21 unmarried son of LPR). Will take at least 5 years for either of those, maybe longer. Note also that if your son goes out of status at any point he will be ineligible to adjust. So unless he has a work visa or something like that that may allow him to legally stay until his priority date is current, he is going to have to return home before his tourist visa stay has expired and await consular processing.

 

Edit: unless you mean you already filed for him some years ago and his priority date is current?

I apologize i got the categories mixed out. I am a US citizen so it would be under F1.  

[SusieQQQ 11,587]

Just now, CSG046186 said:

I apologize i got the categories mixed out. I am a US citizen so it would be under F1.  

Can you clarify if you have not yet filed an i130, or if you filed it some years back and the priority date is current?

[CSG046186 0]

Just now, SusieQQQ said:

Can you clarify if you have not yet filed an i130, or if you filed it some years back and the priority date is current?

I had not submitted any forms just yet. I called USCIS and spoke to a Rep who inform me that I can file both forms, I 485 and I 130. but I was just curious as my son is here with a tourist visa should I wait for 90 days prior to applying?

[HRQX 4,145]

27 minutes ago, CSG046186 said:

I' ve contacted Uscis and they said as long as he is here legally and in the USA, I can go ahead and file. 

Did you file I-130 many years ago and F1 Priority Date is now current? If not, then USCIS gave wrong info. Thus why that USCIS phone line is called the "misinformation line."

[CSG046186 0]

1 minute ago, HRQX said:

Did you file I-130 many years ago and F1 Priority Date is now current? If not, then USCIS gave wrong info. Thus why that USCIS phone line is called the "misinformation line."

I had not submitted any just yet. That is absolutetly right, I had called 3 different times and yet I had not received the right guidance. 😩

[aaron2020 11,651]

1 minute ago, CSG046186 said:

I had not submitted any forms just yet. I called USCIS and spoke to a Rep who inform me that I can file both forms, I 485 and I 130. but I was just curious as my son is here with a tourist visa should I wait for 90 days prior to applying?

Your son can not adjust status.

 

Your son would need to have a current Priority Date to adjust status.  That would require you to have filed an I-130 at least 6 years ago.

 

Waiting 90 days will not make your son eligible to adjust status.

If you file to adjust status for your son, then he risk losing his visitor visa for having immigrant intent.  In the worse case scenario, he will overstay his visitor visa which will not be forgiven.  

[CSG046186 0]

2 minutes ago, aaron2020 said:

Your son can not adjust status.

 

Your son would need to have a current Priority Date to adjust status.  That would require you to have filed an I-130 at least 6 years ago.

 

Waiting 90 days will not make your son eligible to adjust status.

If you file to adjust status for your son, then he risk losing his visitor visa for having immigrant intent.  In the worse case scenario, he will overstay his visitor visa which will not be forgiven.  

I understand. I am just confused as I though as long he is physically in the US and legally entered the country, It would make him eligible for the adjusment. I don't want him to lose any of the benefits you had mentioned before. At any moment, the uscis rep mentioned anything about Priority Date.

[SusieQQQ 11,587]

2 minutes ago, CSG046186 said:

I understand. I am just confused as I though as long he is physically in the US and legally entered the country, It would make him eligible for the adjusment. I don't want him to lose any of the benefits you had mentioned before. At any moment, the uscis rep mentioned anything about Priority Date.

That is only true if he is immediately eligible to adjust status, in other words, has a visa number available. For his category, that requires his priority date to be current. As above, that will probably take 6 years or so (unless you are from Mexico or Philippines in which case it is much longer).

Edited July 24, 2020 by SusieQQQ

[aaron2020 11,651]

5 minutes ago, CSG046186 said:

I understand. I am just confused as I though as long he is physically in the US and legally entered the country, It would make him eligible for the adjusment. I don't want him to lose any of the benefits you had mentioned before. At any moment, the uscis rep mentioned anything about Priority Date.

In the family preference categories (F1, F2a, F2b, F3, and F4), beneficiaries have to wait for a current Priority Date.  If legally entering the US makes a person eligible to adjust, then no one would wait for their PD to become current and just get a visitor visa to enter the US with the intent to immigrate.  That would be counter to having non-immigrant intent for a visitor visa.

The USCIS information line is NOT A PLACE TO GO FOR LEGAL ADVICE.  That's not their job.  If you want GOOD IMMIGRATION ADVICE, then pay a qualified immigration lawyer or ask on VisaJourney.  

Edited July 24, 2020 by aaron2020

[HRQX 4,145]

22 minutes ago, CSG046186 said:

and yet I had not received the right guidance. 😩

After you file I-130 he'll need to wait for the Priority Date to become current: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin If he overstays the time allowed on the I-94 then he'll be ineligible for AOS per INA 245(c): "Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title,1 (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa."

Edited July 24, 2020 by HRQX

[aaron2020 11,651]

Here is exactly what you need to do.  There is no quicker way through you.

 

1. You file an I-130.

2.  You will get a receipt with a Priority Date.

3.  Follow the Visa Bulletin to see when your son's PD will become current.  The current wait is 6-7 years.

4.  At some point during the wait, USCIS will approve the I-130 and send it to the NVC where your son will need to wait for his PD to become current.

5.  When your son's PD is about to become current, the NVC will process his case further.  You send in more paperwork and then your son interviews for an immigration visa in his home country.

 

While waiting, your son can continue to use his visitor visa to visit.  

He must remain unmarried to stay in the F1 category.  If he gets marry, his wait will be 12-14 years.

 

What country was he born in?

[CSG046186 0]

So then How does the AOS works? I think i will be better off getting a lawyer.