Travelling while going through adjustment of status for minor

F

florish

New Member
I live in the UK, but my son (13) went to stay with his dad in the US last year 2005 and is now attending school there. custody terms now indicates that son is to visit me during the summer holidays, which he did last year (2005). His dad now says son's I130 has been approved, applied for last year and son is waiting for adjustment of status. His dad's application went through a few years ago, because son was not with him, so dad could not file his documents. dad says that INS is now processing applications with priority date of 2002, hence son is not allowed to leave the US until after the adjustment which he thinks would be in 3yrs, or else son would not be permitted to come back to the US, because son's advance parole expired immediately his I130 was approved, and there is no way of extending this.

Is there any way for my son to visit outside the US while this process is going on, especially when his dad's and stepmum's have already gone through? Is there someone I can contact?

I read in the Federal Register: June 1, 1999 (Volume 64, Number 104)
Rules and Regulations, Page 29208-29212, Adjustment of Status; Continued Validity of Nonimmigrant Status, what does this actually mean?

Finally because I am not familiar with your terms I may be mixing them up. Thanks for your assistance
 
Thanks. Further details. dad came on H1B visa and son went on H4 visa. dad no more has h1b visa since he has had his status adjusted (but son was not with him, so could not change for son). son's I130 and I485 were both filed in feb 05 and have a priority date of march 05, but INS says they will let dad know when they start processing the application. son's H4 visa dad's been told is of no use now, since dad no longer has H1b visa and the advance parole that son used last year expires soon, but dad has been told is of no use now.
 
Thanks.
I understand he now has to resubmit the I-485, since it was rejected on the basis that there are no visa numbers available. So he is to resubmit when a number becomes available, which he says would be when the priority number becomes current (?). Son is in school at the moment and academic year ends in May (I think)
 
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