Help Please!!!!

[Mother_mom]

I'm a USC. and my two unmarried (over 21) children are currently in the US with valid B2 visas. their I-94 expires in the next 3 months. we did separate I-130 petitions and received approvals with priority date of november 2005. Can we file for AOS? and how can they remain in status until their priority date becomes current? We really need some advise....

 

[lakelady]

Did you file the I-485 yet?

 

[ari4u]

I'm a USC. and my two unmarried (over 21) children are currently in the US with valid B2 visas. their I-94 expires in the next 3 months. we did separate I-130 petitions and received approvals with priority date of november 2005. Can we file for AOS? and how can they remain in status until their priority date becomes current? We really need some advise....

The answer is NO. You cannot file for AOS till the PD becomes current. The current processing date is Apr 2001 (Aug 84 for mexico and Aug 91 for philipines) for family based 1st preference category. In order for them to remain in the US for a longer period, visas like F/H/L could be considered.

 

[ari4u]

Did you file the I-485 yet?

Applicants are not 'considered' by USCIS as immediate relatives of a USC (bummer huh... ) and hence I-485 can only be filed when PD is current.

 

[lakelady]

Ah!!! They are over 21... yes, bummer!

Applicants are not 'considered' by USCIS as immediate relatives of a USC (bummer huh... ) and hence I-485 can only be filed when PD is current.

 

[ari4u]

Ah!!! They are over 21... yes, bummer!

When i said bummer, i meant to say that eventhough they are her sons and ARE immediate relatives, USCIS thinks they are not immediate relatives just because they are over 21 and that is such a bummer.