AOS child under 21

[ZenZzen 1]

Hello, i am a green card holder and my daughter, 20 y/o,  is currently here in the US under B2 visa.

can I start the i-130 and i-485 process while she’s here? 
Will she be considered illegal if she stays here if her papers are pending? 
thank you

[Boiler 46,579]

I 130 yes

I 485 if her PD is currently and she is still in status

[ZenZzen 1]

16 minutes ago, Boiler said:

I 130 yes

I 485 if her PD is currently and she is still in status

what if thereS no visa number available yet and can’t file i-485? 

[Boiler 46,579]

She leaves on time.

[appleblossom 3,619]

6 hours ago, ZenZzen said:

Hello, i am a green card holder and my daughter, 20 y/o,  is currently here in the US under B2 visa.

can I start the i-130 and i-485 process while she’s here? 
Will she be considered illegal if she stays here if her papers are pending? 
thank you

Not possible. You can file I-130, but not I-485 as there is no visa available to her - current date for filing for her category is July 2024. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-march-2025.html

 

So file I-130, then she will continue the process via consular processing in her home country. As @Boiler said, she MUST leave on time. 
 

When does she turn 21?

Also bear in mind that she won’t be able to adjust status on any subsequent trip. 
 

Good luck. 

 

Edited March 12 by appleblossom

[ZenZzen 1]

11 hours ago, Boiler said:

I 130 yes

I 485 if her PD is currently and she is still in status

in the USCIS site, it says no concurrent filing but wait for visa number before applying for i-485. Does that mean she can stay here while waiting for the visa number? 

[ZenZzen 1]

11 hours ago, Boiler said:

I 130 yes

I 485 if her PD is currently and she is still in status

in the USCIS site, it says no concurrent filing but wait for visa number before applying for i-485. Does that mean she can stay here while waiting for the visa number? 

 

in the USCIS site, it says no concurrent filing but wait for visa number before applying for i-485. Does that mean she can stay here while waiting for the visa number? 
she turns 21 end of this month.

[appleblossom 3,619]

6 minutes ago, ZenZzen said:

in the USCIS site, it says no concurrent filing but wait for visa number before applying for i-485. Does that mean she can stay here while waiting for the visa number? 

 

in the USCIS site, it says no concurrent filing but wait for visa number before applying for i-485. Does that mean she can stay here while waiting for the visa number? 
she turns 21 end of this month.

 

She can stay until the period of authorised stay that she currently has, not beyond that. So when does her current period on her B visa expire? She must leave before then (ideally a few days before, in case of any flight delays). 

 

She will likely be F2B category, just to manage your timing expectations. 

 

 

Edited March 12 by appleblossom

[Boiler 46,579]

F2b Philippines is currently 2012 so a long wait.

[ZenZzen 1]

This is posted under the relatives living in the US. Won’t it forgive the overstay if she’s already processing the i-130 and waiting for a visa to file aos? I filed the i-130 online since she is here. I did not submit it for consular processing. 
sorry, i’m just really confused. Her i-94 states she can stay here until 6/22

[appleblossom 3,619]

1 minute ago, ZenZzen said:

This is posted under the relatives living in the US. Won’t it forgive the overstay if she’s already processing the i-130 and waiting for a visa to file aos? I filed the i-130 online since she is here. I did not submit it for consular processing. 
sorry, i’m just really confused. Her i-94 states she can stay here until 6/22

 

 

No, she won’t be forgiven for any overstay as she’s not an immediate relative. She absolutely MUST leave on time. She also cannot AOS on any future visit. Make sure she’s very aware that she must abide by the terms of her visitor visa and not try and skip the line or circumnavigate the process in any way, or she’ll risk her application and even a possible ban from the US.

 

So she must leave by June, and it will be a consular processing application. She won’t be eligible for a visa for a long time, but can visit in the interim if she has a valid visitor visa. When does her current B2 expire? I’m not sure she’ll get another one as it seems you did AOS, and one of your parents did too, so there is a record of her family adjusting status which may impact her. 

[Boiler 46,579]

No

[appleblossom 3,619]

27 minutes ago, Boiler said:

F2b Philippines is currently 2012 so a long wait.

 

It’s October 2011. So definitely a long time, but perhaps the OP will become a citizen in that time. Doesn’t help by much but every little helps! And at least then she could marry if she wanted too.

[ZenZzen 1]

Thank you for all your help!!!