child of green card holder.

[greencardmaze]

i had a question... when you apply for green card for a child ( under 18 or under 21) of green card holder, do you submit I485 along with I130?? or do you wait till I130 is approved?? and how long does he need to maintain his visa status in the USA?? is that until I130 is approved?? or until priority date is current? so is there like an email you get when your priority date is current?? how do you know the exact date when you can be legally here without a visa, but before you get green card approval?? also are the forms and applicatuions the same as filing for greencard for parents or spouse, or is there something different?any input would be appretiated thanks a lot.

 

[cherr1980]

The child must wait for a visa number available and the priority date be current so then apply for I-485 with an approved I-130.
At this moment the I-130 won't be approved until the priority date is almost close or current .

The child must mantain a legal status in the US until the filing of the AOS if is inside the US. If not the child would not be able to file for AOS.

If the child enter in a visa, for example as a visitor, the I-94 indicates until what date s/he can stay, most of the time with a max of 6 months. So, that depends in the visa the child enters and sorry, but there is no such thing to stay legally in the US without a proper visa or without an authorization to stay (like when people file for AOS) unless you are a US citizen or a LPR (green card holder).

If the parent DID NOT gain the LPR status as an immediate relative of a USC (means spouse, parents and child under 21), then you will like to read the Follow To Join benefits to see if that applies to you:

http://uscis.gov/graphics/howdoi/childproc.htm

Good luck,

 

[greencardmaze]

Thanks cher for the info... the child is actualy on a student visa, so it shouldnt be a problem remaining in the usa. so we will file the I 130 and just wait till it gets aproved. thanks again.