F-1 to Green card for stepson

[BearCactus 0]

Hi everyone can i file I-485 for my 28 year old stepson he is studying here in America ,will he need to go back to his country or can he stay here in the United States while his I-130 and I-485 is being  processed ???

Edited July 23, 2022 by BearCactus
misspelling

[Boiler 45,525]

Is his visa number current?

[BearCactus 0]

Yes his Visa is current and will finish school this year , also I,m a U.S. Citizen.

[Boiler 45,525]

Adjust away 

[JeanneAdil 6,510]

u need to check current F1 priority dates on the July 22 bulletin for F1

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-july-2022.html#:~:text=The application date for an,applications%2C regardless of priority date.

 

[Bajinga 136]

3 hours ago, BearCactus said:

Yes his Visa is current and will finish school this year , also I,m a U.S. Citizen.

what does the `Visa is current` mean?
the priority date has to be current for him to adjust status. terminology is important, so be careful and check the priority dates as mentioned above.

[Demise 1,289]

19 hours ago, BearCactus said:

Hi everyone can i file I-485 for my 28 year old stepson he is studying here in America ,will he need to go back to his country or can he stay here in the United States while his I-130 and I-485 is being  processed ???

Have you filed an I-130 for him already? Also how old was he when you got married to a parent of his?

Finally what's the priority date on his I-130 if you did file one.

Edited July 24, 2022 by Demise

[SteveInBostonI130 3,454]

19 hours ago, BearCactus said:

Yes his Visa is current and will finish school this year , also I,m a U.S. Citizen.

 

Are you talking about his F-1 studentvisa?

 

By "current", we are referring to the Priority Date of the I-130 petition filed for him.  There is about a 7 year wait for the PD to be "current" in order for him to get a family preference F1 visa  (not to be confused with F-1 student visa).

[BearCactus 0]

Yes F-1 student Visa , i want to know if he can stay in the USA while his I-130 and  I-485 paperwork is being processed ?

 

Edited July 24, 2022 by BearCactus

[Bajinga 136]

1 hour ago, BearCactus said:

Yes F-1 student Visa , i want to know if he can stay in the USA while his I-130 and  I-485 paperwork is being processed ?

 

No, he cannot wait while the I-130 processes. he is not eligible for adjusting status (I-485) till the priority date is current, consular processing is your only option. you stepson needs to leave after finishing school to avoid a potential ban.

Edited July 24, 2022 by Bajinga

[arken 4,197]

1 hour ago, BearCactus said:

Yes F-1 student Visa , i want to know if he can stay in the USA while his I-130 and  I-485 paperwork is being processed ?

 

Have you even filed the i130? If i130 is still processing but priority date is current, yes he can go for AOS in the US. If you haven't even filed the I130, don't file i485 just to lose the fee.

[SteveInBostonI130 3,454]

10 hours ago, BearCactus said:

Yes F-1 student Visa , i want to know if he can stay in the USA while his I-130 and  I-485 paperwork is being processed ?

 

There is about a 7 year wait after USCIS receives the I-130 petition for your stepson to qualify for a visa (a F1 family visa number becomes available).  If he's a student with a valid F-1 student visa for those 7 years, then he can adjust status.

 

He cannot overstay his visa for that wait time.  He cannot adjust status if he is out of status (overstay), and overstays are NOT forgiven for family preference category.  Your stepson has to return to his country after he finishes his studies, unless he can get an employer sponsored visa when he graduates.