Saleem Ghani wrote:
> Hi,
>
> I would appreciate if somebody could help me with this question.
>
> I filed I-130 petition for my son in August 2001. He was under 21 at that
> time. He turned 21 in January 2002.
>
> I just received an approval notice from INS for him as:
> Unmarried child under 21 of permanent resident, 203 (a) (2) (A) INA
> Tehe notice says that INS sent the notice to National Visa Center.
>
> How soon can he file for Adjustment of Status or for a Immigrant Visa ?
> He is over 21 now.
>
> He is in USA at this time and is from Pakistan.
>
> His priority date is August 2001.
>
> I just checked the Visa Bulletin for January 2006 and it shows:
> Family
> 2A* All Chargeability
> 15JAN02
>
Your son can file AOS now but whether or not he will be allowed to
adjust status depends on a few things:
- if he is on a valid visa status at the time of AOS filing, he will be
allowed to adjust even if he had worked illegally (I think he will just
pay fine for working w/o permit) under 245(i)
- is he is not on valid visa status, he may be able to use provision of
section 245(i) if his petition was filed after January 14, 1998 but on
or before April 30, 2001 and he was physically present in US on Dec
21, 2000 - proof of physical presence required.
The form to be used in I-485A; the purpose of this form is "To provide
supplemental information to USCIS on persons seeking to adjust status
under the provisions of section 245(i) of the Immigration and
Nationality Act." See
http://uscis.gov/graphics/formsfee/forms/i-485supa.htm
For the detail info, see the explanation on the form at
http://uscis.gov/graphics/formsfee/forms/files/i-485supa.pdf
Good luck.
BTW, you don't need to pay the *fine*, if your son in eligible to
adjust, when filing for AOS; wait till the interview.
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