GC Pending - AOS and I-485?

A

Americanone

Registered Users (C)
Hi,

We filed for permanent resident status for my over 21 unmarried son. We have been informed that it is looking to be around 9 months before a visa number is allocated. My question is (my son is not currently in the US) if my son was to come to the US tomorrow for example, can we apply for the AOS and I-485 and then would that enable him to stay?

Trying to get my head around it all. Thanks
 
Under what visa would he come? If he came on a nonimmigrant visa such as a visitors or student visa, and if you filed AOS, it will be denied because you have already filed a I-130. Using a nonimmigrant visa such as a visitors or student visa while a I-130 is pending is called misrepresentation or misuse of the visa.

However if he came on a H1 visa, which allows dual intent then I see no problem for him adjusting status with the I-485.
 
Thanks for your response.

The Visa would be a B1/B2. However I asked the question because I have read about the AOS which allows one to stay while the I-130 has been applied for??? I may be mistaken...
 
Yes, AOS allows staying in the US to wait for the green card, but AOS requires a number of conditions be met.

You can't file AOS if your priority date is not current according to the visa bulletin. You are an estimated 9 months away from that, so you would still have to wait even if your son was in the US right now.

In addition, the B1/B2 does not allow immigrant intent. With your son having a permanent resident or citizen parent and an I-130 filed on his behalf, he will almost certainly be refused entry if the officer is aware of those facts. And if he is allowed into the US, the AOS would probably be denied for entering with immigrant intent.

Although spouses and under-21 unmarried children of US citizens are normally given leniency for AOS purposes with respect to the immigrant intent issue, that doesn't apply here, because he is over 21.
 
Last edited by a moderator:
Thanks.

But I am now even more confused. None of this is making sense to me. Can someone please what the steps would be in these circumstances mentioned. An I-130 has been filed for my son who is in the UK - Priority date 2008. I have only filed an I-130 so far. Can someone please tell me what the next steps will be in order for him to have physically received his 'Green Card' ?
I keep reading lots of information but nothing is clear. Thank you.
 
At some point after they reach your priority date, a consulate in the UK will contact him* regarding the remaining paperwork and setting up an interview. Upon approval at the interview he will get an immigrant visa in his passport. The day he enters the US with the immigrant visa, he becomes a permanent resident, and the plastic green card will be delivered a few weeks later.


*this is assuming you indicated a consulate in the UK on question 22 of the I-130. If you indicated AOS on the I-130 instead of a consulate, you will need to file I-824 when the I-130 is approved in order to notify the consulate to take his case.
 
Are you a permanent resident, or a US citizen? If you're a permanent resident, him getting married before you become a US citizen will void the I-130.
 
Americanone said:
Thanks.

But I am now even more confused. None of this is making sense to me. Can someone please what the steps would be in these circumstances mentioned. An I-130 has been filed for my son who is in the UK - Priority date 2008. I have only filed an I-130 so far. Can someone please tell me what the next steps will be in order for him to have physically received his 'Green Card' ?
I keep reading lots of information but nothing is clear. Thank you.
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Not sure where you got the 9 month wait time from...you still have a few years to go, unfortunately.

You need to keep an eye on the Visa Bulletin which indicates the dates of applications currently being processed (sorry as a new user I can't post the url, but just google Visa Bulletin and you should find it). An un-married, adult child, falls into the category F1 if the parent is a USC and F2B if the parent is a permanent resident. If you look at the latest update (July) you'll see that they are currently processing applications submitted back in April 2005 for F1 and May 2003 for F2B.

Sorry but your son won't be with you as soon as you'd like unless he's eligble for some other visa i.e. employment.
 
JoinTheQueue said:
Not sure where you got the 9 month wait time from...you still have a few years to go, unfortunately.

You need to keep an eye on the Visa Bulletin which indicates the dates of applications currently being processed (sorry as a new user I can't post the url, but just google Visa Bulletin and you should find it). An un-married, adult child, falls into the category F1 if the parent is a USC and F2B if the parent is a permanent resident. If you look at the latest update (July) you'll see that they are currently processing applications submitted back in April 2005 for F1 and May 2003 for F2B.

Sorry but your son won't be with you as soon as you'd like unless he's eligble for some other visa i.e. employment.
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My understanding is that they are in the process of making changes will is going to significantly speed up the process, even though the bulletin says April 2005...
 
Americanone said:
My understanding is that they are in the process of making changes will is going to significantly speed up the process, even though the bulletin says April 2005...
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Where you heard this? I happen to be in the same category as your son with a PD of June 2008, so I'm very interested!

Things definitely have been moving faster the last few months, but I'm with Jackolantern and the opinion that it's likely to take longer than 9 months (personally I LOVE to be proved wrong!)
 
Americanone said:
In the last month it's jumped 4 month's - on that basis the priority date will be current in 9 months! not years!!
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It has, but it doesn't move in a linear fashion. Next month it could not move at all and continue not to move, or move very slowly, for another 2 months; there's no way to predict the progression. If you look back at the historical visa bulletins you'll see this.

I know you have your heart set on your son joining you sooner rather than later - and fingers crossed it DOES happen - but try not to get your hopes up too high.
 
Like i read some articles, there is improvement of the process for the family based immigrant visas and like we see the last months results. They are speeding up the process because of that and because the small amount of applicants in this fiscal year and hopefully the fiscal year of 2011. According to my research about this a lot of attending persons which apply are give up because of the long waiting time so there is more numbers for visa left. Im in the same situation ( Unmarried son over 21 of US Citizen) with PD 2008 and approved April 2010. If this goes in this direction, why we would not get the wanted Immigrant visa sooner? :) They just need to keep up with the good job and soon it will be our appointment :) If we check the past months there was never speeding like this, so i really think that something is changed and all this processes will be in normal borders of time!
Wish you all the best :)
 
Americanone said:
In the last month it's jumped 4 month's - on that basis the priority date will be current in 9 months! not years!!
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On that basis, in a few years you will get your Green Card before the I-130 is filed since the wait times will pass zero and become negative. Don't make assumptions based on a month or two of movement, especially late in the fiscal year. Q4 started a few days ago.
 
salamurce said:
Like i read some articles, there is improvement of the process for the family based immigrant visas and like we see the last months results. They are speeding up the process because of that and because the small amount of applicants in this fiscal year and hopefully the fiscal year of 2011. According to my research about this a lot of attending persons which apply are give up because of the long waiting time so there is more numbers for visa left. Im in the same situation ( Unmarried son over 21 of US Citizen) with PD 2008 and approved April 2010. If this goes in this direction, why we would not get the wanted Immigrant visa sooner? :) They just need to keep up with the good job and soon it will be our appointment :) If we check the past months there was never speeding like this, so i really think that something is changed and all this processes will be in normal borders of time!
Wish you all the best :)
Click to expand...

Yes, things are definitely moving quicker than they were this time last year, but there are still factors that could cause a slow down in the numbers being processed.

As an example: Say they are working on submissions with a PD of Jan 2005. There are 100 submissions and it takes exactly one month to work through them. Then they get to the submissions from February 2005 and there are 500 applications. They're not going to be able to do them in one month because it took one month to do 100. As we do not know how many applicants are in the queue ahead of us, we can only use the bulletin as a guideline, not a guarantee.

Another thing that can slow the process down is when petitioners change category. If (again an example) my Mum applied for me in 2006 when she was a PR, I would be in Cat F2B. Your Mum applied for you two years later in 2008 and you're in cat F1. In 2007 my Mum becomes a Citizen and I'm moved to cat F1 category with the same PD. I've just jumped ahead of you in the queue.

I don't want to put a downer on any applicants but I'm trying to be realistic. As I said before, I'm in the queue and I'd love to be proven wrong...if my PD came current in the Sept update I'd be jumping for joy!! :D

(If anyone with more expertise has any knowledge that contradicts my examples above please feel free to correct me but this is my current understanding of how it works!! ;))
 
JoinTheQueue said:
Yes, things are definitely moving quicker than they were this time last year, but there are still factors that could cause a slow down in the numbers being processed.

As an example: Say they are working on submissions with a PD of Jan 2005. There are 100 submissions and it takes exactly one month to work through them. Then they get to the submissions from February 2005 and there are 500 applications. They're not going to be able to do them in one month because it took one month to do 100. As we do not know how many applicants are in the queue ahead of us, we can only use the bulletin as a guideline, not a guarantee.

Another thing that can slow the process down is when petitioners change category. If (again an example) my Mum applied for me in 2006 when she was a PR, I would be in Cat F2B. Your Mum applied for you two years later in 2008 and you're in cat F1. In 2007 my Mum becomes a Citizen and I'm moved to cat F1 category with the same PD. I've just jumped ahead of you in the queue.

I don't want to put a downer on any applicants but I'm trying to be realistic. As I said before, I'm in the queue and I'd love to be proven wrong...if my PD came current in the Sept update I'd be jumping for joy!! :D

(If anyone with more expertise has any knowledge that contradicts my examples above please feel free to correct me but this is my current understanding of how it works!! ;))
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I agree of some facts. But if you check the official site of the visa travel, under the Visa News you will find a articles where some chief of whatever ( i cant copy-paste it, but you can find it) say that there is large improvement of the allocation and this processes including more staff (employees), offices, and technology... Read about it and tell us what you think :)
I would really like to know if there is a way while we are in this process to visit US. Like i know Tourist visa is out of Question, but what about C1D1 visa? Its a Visa for work at Cruises because i allready here finished the University, Post Graduation and while this process ends i need some work (Here is not idel for work :( ) Work at cruise needs C1D1 visa, it is not the same with the Tourist soo what you think?

:) Thanks
(Any moment will be open the Visa Bulletin of September)
:) It will be 6 months in front :)
 
salamurce said:
I agree of some facts. But if you check the official site of the visa travel, under the Visa News you will find a articles where some chief of whatever ( i cant copy-paste it, but you can find it) say that there is large improvement of the allocation and this processes including more staff (employees), offices, and technology... Read about it and tell us what you think :)
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Do you mean the article from April 2008?? I suspect we've already seen all the benefits from that period.

salamurce said:
I would really like to know if there is a way while we are in this process to visit US. Like i know Tourist visa is out of Question, but what about C1D1 visa? Its a Visa for work at Cruises because i allready here finished the University, Post Graduation and while this process ends i need some work (Here is not idel for work :( ) Work at cruise needs C1D1 visa, it is not the same with the Tourist soo what you think?
Click to expand...

I don't really know about that visa. From what I gather, it's just a transit visa to allow you to enter the US and get to the ship. You wouldn't be living in the US, your place of residence would still officially be your home country. Having been a passenger on a cruise before, I'd have to say the staff work REALLY hard, with very long working hours and not a lot of time off. Kudos to you if you go for it, but I couldn't!

salamurce said:
(Any moment will be open the Visa Bulletin of September)
:) It will be 6 months in front :)
Click to expand...

What happened to all that optimism?? I'm hoping it jumps by at least a year! ;)
 
salamurce said:
I agree of some facts. But if you check the official site of the visa travel, under the Visa News you will find a articles where some chief of whatever ( i cant copy-paste it, but you can find it) say that there is large improvement of the allocation and this processes including more staff (employees), offices, and technology... Read about it and tell us what you think :)
Click to expand...

That's not going to affect priority date movement, since the root cause of that is not enough visas to meet demand. Increasing staff, offices and technology won't cause more visas to be given out per year.
 
salamurce said:
I agree of some facts. But if you check the official site of the visa travel, under the Visa News you will find a articles where some chief of whatever ( i cant copy-paste it, but you can find it) say that there is large improvement of the allocation and this processes including more staff (employees), offices, and technology... Read about it and tell us what you think :)
I would really like to know if there is a way while we are in this process to visit US. Like i know Tourist visa is out of Question, but what about C1D1 visa? Its a Visa for work at Cruises because i allready here finished the University, Post Graduation and while this process ends i need some work (Here is not idel for work :( ) Work at cruise needs C1D1 visa, it is not the same with the Tourist soo what you think?

:) Thanks
(Any moment will be open the Visa Bulletin of September)
:) It will be 6 months in front :)
Click to expand...

I told you my friend??!!! :))))
Six months infront!
Good prediction ha?
:)
Soon we all gonna meet in Miami, and ill buy you Beers ok? :)
I really believe that its gonna stay on this track.
Now i would like to ask you guys what after the current PD. I know you file i485 and all the doc, and you got the appointment. Is it all that action fast after?
 
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