Can one still file I-485 and I-765 3 months after approved of I-130? Currently the person being sponsored is my son and he is here in the US...

Question

Can one still file I-485 and I-765 3 months after approved of I-130?

Currently the person being sponsored is my son and he is here in the US since Oct 2, 2005 on a H4 visa unfortunately he has been age out . I130 was filed and been approved with priority date of 12/30/2014. Being the Sponsor/Mother with LPR status just recently approved GC visa. Can I file the i485 and i765 so he can work while waiting for the priority date to be current.

Answer

Hi. We recently did this for a couple (citizen and his spouse) who had filed an I-130 while overseas, used the H-1B for the spouse to enter and then we filed the I-485 and coordinated the adjustment of status for them. The big issue here is that the you are only an LPR and not a citizen. Therefore the visa petition you filed for him is a preference category petition and won't be current for some time. Look at your receipt notice and you'll see that it says preference category 2(b) on it. You cannot file an I-485 for a preference category visa case unless that visa is current.

That said, there may be other options for him depending on his age and education. You might want to sit down and work this all through with counsel. We have open office hours in our Charlotte location next Friday if you'd like to make an appointment.

Answer

Hello - please call me at 2129688600. Kind regards, RDM

Answer

If your son is out of status & over 21, then he is ineligible to adjust status, with the exception of marriage to a U.S. citizen.