485 pending and status?

[MGTgrl]

Hello everybody,

I am asking this question for a friend. Please do help!

My friend was on F1 and her mother (a GC holder) applied I130 and it was approved. Her PD is Feb 19, 2002 and it has become current (the visa center is working on Feb 22, 2002 right now). Here are my questions:

1) Can she apply I485 right now, or will the Visa center send her a letter saying that a visa number is available for her?

2) Once she has applied I485, what if she drops her F1 status (or any other status she might have)? will she be here illegally or once she has applied I485, she can stay here until it gets approved?

All answers are appreciated. Thanks!

 

[TheRealCanadian]

My friend was on F1 and her mother (a GC holder) applied I130 and it was approved. Her PD is Feb 19, 2002 and it has become current (the visa center is working on Feb 22, 2002 right now).

Once she files the I-485 she will be in legal status by that fact alone. I would question why you feel the PD is current - if she's over 21 she falls into FB2B unless she's covered by CPSA, in which case I wouldn't even begin to guess what category she is covered by.

So yes, if she can file the I-485 she will be legal, but I'm not 100% sure she can file the I-485. I'd make sure of that before abandoning the F-1.

 

[MGTgrl]

Once she files the I-485 she will be in legal status by that fact alone. I would question why you feel the PD is current - if she's over 21 she falls into FB2B unless she's covered by CPSA, in which case I wouldn't even begin to guess what category she is covered by.

So yes, if she can file the I-485 she will be legal, but I'm not 100% sure she can file the I-485. I'd make sure of that before abandoning the F-1.

Hi! Thanks for the info. She called the Vida center and they have told her that her visa number is available. She is currently 21, but her case was started when she was 16/17. I am not sure what CPSA is. Can you please elaborate?

Thanks again!