i-130 pref. 2B son over 21

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xpl87x

New Member
Hi,

For a friend of mine, his i-130 (priority date 08' )has been approved but the visa bulletin states visas for 03"....

1. Question:Can he file i-485 now?
 
xpl87x said:
What is he filed both i-130 and i-485....would he then be able to file i-765(EA)???
Click to expand...

A beneficiary for a "preference" visa cannot file concurrently.

An F2B can only file for adjustment when the priority date is "current" AND that person must be in a lawful nonimmigrant status at the the time of filing.

This beneficiary is wondering about filing within the U.S. so, he is probably either out of status OR entered without inspection and will likely never be able to adjust until he ends up before an Immigration Judge and better hope he qualifies for cancellation of removal or withholding of removal at that time. {Will need a clean criminal history and 10 years physical presence in the U.S.}

OR if an overstay, marry a USC someday or have an adult USC child who can file for him.
 
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