Advice on SIJ Approved - Applying for Green Card

[Charles C 0]

  Hello - I am hoping this is the right forum to find help. If not, please direct me to a better forum.

 

  I am helping a family friend with a 12 year-old who has been APPROVED on the I-390 and now has SIJ status. I am confused about what happens next - the paperwork says he is approved to apply for a green card. Do we file the I-485 and wait? Also - is it possible for him to get travel permission while waiting for the I-485 to be processed? Any help on what we should be doing for "next steps" is appreciated.

 

Thanks in advance.

[designguy 1,179]

Yes you would file the I-485 as well as the EAD/AP. Hopefully he doesnt need to travel urgently as the AP takes about 6 months

 

Edit

Is his country of birth Honduras? What is his priority date? The Final Action date for Honduras EB-4 is currently Feb 1st 2018

Edited November 30, 2020 by designguy

[Charles C 0]

Thanks design guy! 

 

Yes, the little guy is from Honduras.

His Priority Date is 03/01/2019

His Notice Date is 06/30/2020

 

I do not understand what the "Final Action Date" is - where can I find out about that?

He has no reason to work, but he the travel permission would be nice to have in case something arises. 

[designguy 1,179]

19 minutes ago, Charles C said:

Thanks design guy! 

 

Yes, the little guy is from Honduras.

His Priority Date is 03/01/2019

His Notice Date is 06/30/2020

 

I do not understand what the "Final Action Date" is - where can I find out about that?

He has no reason to work, but he the travel permission would be nice to have in case something arises. 

So unfortunately he cant file yet for a green card. SIJ visas are numerically limited and thats where the priority date comes in. You will have to wait for his priority date to become "current" which means that his priorty date must be EARLIER than the  Final Action date in the visa bulletin (Link) for the EB-4 category for Honduras, which is currently at 02/01/2018.

 

 

 

[designguy 1,179]

Just FYI here are the EB-4 Final Action Dates for Honduras over the last Yearish. As you can see they have been advancing so hopefully they will get to 03/01/2019 soon!

[Charles C 0]

This is very helpful!

 

So there is no way to apply before the Final Action date? I have been reading at USCIS and it is unclear to me if filing earlier is possible.

Similarly, is there no way to file the travel permission request (I-131?) prior to the Final Action date?

 

I am starting to see how the pieces fit together - I have only done family visas prior to this, but since this guy is a nephew, he does not qualify as "immediate family." He is here in the US and is safe now... just trying to follow the rules to a process new to us!

[HRQX 4,145]

8 minutes ago, Charles C said:

So there is no way to apply before the Final Action date?

No way, since he currently doesn't meet the following requirement: https://www.uscis.gov/green-card/green-card-eligibility/green-card-based-on-special-immigrant-juvenile-classification "An immigrant visa is immediately available to you when you file your Form I-485 and at the time USCIS makes a final decision on your application" Continually check the following for EB-4: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

8 minutes ago, Charles C said:

is there no way to file the travel permission request (I-131?) prior to the Final Action date?

No way to file I-131 before filing I-485. Generally, USCIS exercises discretion to issue advance parole under INA 212(d)(5)(A) to applicants who:

• Have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
• Filed their Form I-131 with or after filing Form I-485;
• Are present in the United States after being inspected and admitted or paroled; and
• Are not in immigration proceedings or under an order of deportation, removal, or exclusion.