I am turning 20, will I be eligible on time to be beneficiary for an EB-4

M

mark1994

New Member
Hello, I would appreciate if anyone could clarify this for me:

My parents have been living in the States under R status for less than a year. I turn 20 in april, have an R2 visa but am at this moment in Argentina, my country of birth.

The plan was for my parents to apply for a GC(EB-4) as soon as possible, so that I could be beneficiary in it. The questions:

1)Do they have to wait until their R visa expires in order to apply for a GC (EB-4)? Or can they apply as of now?
2)In the case they apply for a change of status from R to GC(EB-4), do we apply at the same time? Or first my father has to apply and only then, after he has a GC, the spouse and child can apply?
3)If it's the case that the family apply altogether and at the same time, can I be abroad at the time of the application? Or do I have to be in the U.S?

4) How should we proceed in this peculiar case0?

Thanks.
 
1) No.

2) There are two major stages - (1) the I-360 petition, and (2) adjustment of status (I485) within the US or consular processing (DS-230 or DS-260) outside the US. Stage 1 is your father alone, stage 2 is all of you (not necessarily at the same time, but your father must apply before or simultaneously with the rest of the family, if he is the primary applicant).

3) Yes you can be abroad and pursue the application through the consulate. But if your father pursues the green card via adjustment of status while you are abroad waiting for consular processing, your green card will be delayed for some months because you'll have to wait for his adjustment of status to be completed and your file to be forwarded to the consulate before you can interview at the consulate.

4) Get a lawyer. Employment-based GC applications are complicated, and most people use a lawyer for EB applications (typically paid for by the employer). While a lawyer is not completely necessary, you wouldn't be asking these basic questions if you already had the vast knowledge required for a successful employment-based GC.
 
Thanks Jack!

I do intend to hire a lawyer for those matters. I just like to be informed beforehand. On top of that, my lawyer seems a bit confused with our possibilities. One last questions:

Can I travel to the U.S with my R visa, or the fact that I am beneficiary in a GC application can make immigration deny my entry? I mean, I just want to know ahead what awaits me.
 
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