I485 AOS pending for child who will turn 21 by 2012

[a_batra]

I have my employement based I 485 AOS pending for me, my wife and my son who is currently 18 now and will turn 21 in 2012. It was filed in EB3 catagory and our priority date is 2005 June,. I have a question please that what if my son tunrs 21 in 2012 and the AOS still remains pending. Will he be not treated as dependent and hence his 485 status will be cancelled and he will have to be move to F1 since he will be in college durign that time or how does it work please ?

Thank you for your kind help on this in advance.

-AB

 

[fromnaija]

If you have already filed I-485 for your son, he is protected by Child Status Protection Act (CSPA) and he will receive his green card no matter how long it takes USCIS to adjudicate his application. That is as long as he remains unmarried. If he gets married before getting his green card he loses that protection.

 

[a_batra]

If you have already filed I-485 for your son, he is protected by Child Status Protection Act (CSPA) and he will receive his green caard no matter how long it takes USCIS to adjudicate his application. That is as long as he remains unmarried. If he gets married before getting his green card he loses that protection.

Thankyou very much for your prompt response and guidence. Apprciate it. So in this are we supposed to send any doc/form to USCIS once my son turns 21 ( supposing that we don't get his GC by that time)

 

[tola]

I Think you should consult a good immigration lawyer on this matter it is not as simple as outlined by forum adviser Many AOS parents employment based filers in this situation have had toi get F1 for their dependent children who were in AOS status and turned 21 with approval still in backlog retro. There are other problems that develop if the child is at college when they turn 21 . They are required to change to F1 to complete studies if they do not get green card by 21st birthday. Also if a child had commenced college while on AOS as a dependant under 21 and they reach 21 without GC they are not allowed to register and continue classes even if they have 1 or 2 semisters remaining.Universities require they continue as an international student which means higher fees . There are many more implications that a good immigration lawyer can properly inform you . Many lawyers are not fully informed and they make a mess of people cases So make sure you get a good referral .

 

[a_batra]

I Think you should consult a good immigration lawyer on this matter it is not as simple as outlined by forum adviser Many AOS parents employment based filers in this situation have had toi get F1 for their dependent children who were in AOS status and turned 21 with approval still in backlog retro. There are other problems that develop if the child is at college when they turn 21 . They are required to change to F1 to complete studies if they do not get green card by 21st birthday. Also if a child had commenced college while on AOS as a dependant under 21 and they reach 21 without GC they are not allowed to register and continue classes even if they have 1 or 2 semisters remaining.Universities require they continue as an international student which means higher fees . There are many more implications that a good immigration lawyer can properly inform you . Many lawyers are not fully informed and they make a mess of people cases So make sure you get a good referral .

Thank you Tola for your kind inputs. So when should I consult the attroney, shall it be when my son is about to turn 21 or I can start the process now. Appreciate your hlep.

 

[fromnaija]

I Think you should consult a good immigration lawyer on this matter it is not as simple as outlined by forum adviser Many AOS parents employment based filers in this situation have had toi get F1 for their dependent children who were in AOS status and turned 21 with approval still in backlog retro. There are other problems that develop if the child is at college when they turn 21 . They are required to change to F1 to complete studies if they do not get green card by 21st birthday. Also if a child had commenced college while on AOS as a dependant under 21 and they reach 21 without GC they are not allowed to register and continue classes even if they have 1 or 2 semisters remaining.Universities require they continue as an international student which means higher fees . There are many more implications that a good immigration lawyer can properly inform you . Many lawyers are not fully informed and they make a mess of people cases So make sure you get a good referral .

Tola,

Please do not post answers that you do not have personal experience about!! If what you posted was your true personal experience then the College was at fault and/or they do not know anything about immigration law.
For your information, I filed AOS when my son was 20 and in College. In fact, it was after we filed that he was able to get in-state tuition. He continued his education and graduated at age 23. He is now working with EAD and we are still expecting our green cards. His younger brothers are in College now even while in AOS and above 21 and nobody is asking them to change to F1 status.
To the original poster, you do not have to do anything as long as your AOS applications are still in process. Your child is covered by CSPA and you do not have to send anything to USCIS when he turns 21.

 

[rajyennam]

Son on I-485 does can he join college/university

my son is completing his 12th grade by may of 2011 mine and his i-485 is still pending. And he doesn't have his ssn so can he join a college. even to register the application his asking for a ssn id so an you guys please me.

any help would be greatly appreciated.
thank you

 

[elenakolev]

Hi there....

Tola,

Please do not post answers that you do not have personal experience about!! If what you posted was your true personal experience then the College was at fault and/or they do not know anything about immigration law.
For your information, I filed AOS when my son was 20 and in College. In fact, it was after we filed that he was able to get in-state tuition. He continued his education and graduated at age 23. He is now working with EAD and we are still expecting our green cards. His younger brothers are in College now even while in AOS and above 21 and nobody is asking them to change to F1 status.
To the original poster, you do not have to do anything as long as your AOS applications are still in process. Your child is covered by CSPA and you do not have to send anything to USCIS when he turns 21.

Hello there,
I just wanted to ask something the person who posted the above comment for Tola....You said you have file AOS when your child has been 20 in college....I'm still on my H1b visa and will be filing for the first step in july 2011..i know that the first step is not AOS but the labor procces...and i 'm not sure how long this labor procedure will take,so...my daughter is turning 20 in october 2011 and will be softmore in college as h4 dependent paying in state tuition for one more year ....When do i include her as dependent for the green card?is it when I file for the first step (labor certification) or after i recive approval of labor and then i file for AOS including her? What if by the time I recive aproved labor certification,my daughter has already turned 21...Please,help me to understand how can i do this,so I woudn't be late to include my daughter in the procces of getting my GCard before she turns 21 ....How long the labor sertification takes?
Thank you,
Elena

 

[CollegQuestion]

Tola,

Please do not post answers that you do not have personal experience about!! If what you posted was your true personal experience then the College was at fault and/or they do not know anything about immigration law.
For your information, I filed AOS when my son was 20 and in College. In fact, it was after we filed that he was able to get in-state tuition. He continued his education and graduated at age 23. He is now working with EAD and we are still expecting our green cards. His younger brothers are in College now even while in AOS and above 21 and nobody is asking them to change to F1 status.
To the original poster, you do not have to do anything as long as your AOS applications are still in process. Your child is covered by CSPA and you do not have to send anything to USCIS when he turns 21.

Hello Fromnaija
Thanks for your response, it provided me with a ray of hope since my case is exactly similar to yours
I tried calling the state school today and asked them if my son would qualify for in state while we are awaiting decision on 485, they insisted that they need to see the actual PR card, though I told them that we’ve been residents of this state for more than 4 years and also he completed 4 years of high school in this state
Do you have any inputs on what I should show them to get qualification for in state tuition? He does have his EAD like me and my wife