Los Angeles, CA asked in Immigration Law for Arizona

Q: My parents are LPRs and wanting to petition my 19 yr old brother who has B2 visa. Can he adjust his status while in US?

My parents are worried that if he go back to the Philippines and petition him from there that it would take longer since he is turning 21 soon and they don't want to be apart from him for years. We are looking to see if my parents can petition him while his visiting the US. My brother is currently in the US right now with B2 visa. Is he able to work while his papers are processing in the US if ever he can adjust his status to green card here? What would be the pro and cons? Thank you in advance.

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: The Oct 2023 visa bulletin shows a Sep 21, 2023 cutoff date for the F2A category - Philippines. I suggest you contact directly and work in private with an immigration attorney

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your parents, as lawful permanent residents (LPRs), file a petition for your brother before he turns 21, he would be classified as an "unmarried child under 21 of a permanent resident" under the family second preference category (F2A). While this category often has a waiting period, in some instances, visas might be immediately available. If a visa number is available and your brother meets all other eligibility criteria, he could potentially apply for an adjustment of status while in the U.S. However, if he entered on a B2 visa with the preconceived intent to adjust status, this could be problematic. Regarding work authorization, he would be eligible to apply for employment authorization once he files for an adjustment of status. Pros include the potential for a quicker route to a green card without the need to depart the U.S. Cons involve the potential complexities and challenges of intent associated with the B2 visa and the adjustment process.

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