Hello,
I'm just trying to help out my aunt and her adult son with down syndrome.
my aunt came here in the US as Legal permanent resident and took with her, her son who is an adult with down syndrome, but he is only visiting visa approved for 6 months. Anyway, 1 yr. past he overstayed. My aunt then petitioned him 01/04/2008, received an approved I130 with priority date 09/26/2007.
the above petitioned has been approved. the petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status. the information submitted with the petition shows that the person for whom you are petitioning in not eligible to file an adjustment of status application at this time.
additional information about eligibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.
until the person for whom you are petitioning files an adjustment application or applies for an immigrant visa, this approved petition will be stored in this office. if the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with the form I 485, application for permanent residence. form i 485 may be obtained at the local USCIS office. and so on.
They were advised by a lawyer he needed to go back to the Philippine and process papers there and was afraid of getting barred to come back to due overstaying and at the same time all family members are here in the states.
1. was it not eligible at that time due to processing time and priority dates?
2. its been 17 years since that, is he eligible to apply for I 485? does it expire?
need advice
thank you so much.