Q: Can I apply for I-485 for my son while his I-130 is pending and he still has his B2 visa? he is currentl here in the US.
A: If he fits the legal definition of your “immediate relative”, then yes. If he is subject to a preference category, and his priority date is not current, then the answer is no. You should consult with counsel for more specific advice.
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A:
You may be able to apply for Form I-485 for your son while his I-130 is pending, but certain conditions must be met. If a visa number is immediately available and he is eligible to adjust status, filing concurrently might be possible. However, his current B2 visa status requires that he maintained lawful entry and did not intend to immigrate when he arrived in the US.
It's crucial to ensure that applying for adjustment of status does not violate the terms of his B2 visa. If there was an intention to stay permanently from the beginning, it could complicate his application. Additionally, maintaining valid status throughout the process is important to avoid any legal issues.
Consider consulting with an immigration expert to review his specific circumstances. They can provide detailed guidance and help navigate any potential challenges. Ensuring all paperwork is correctly filed will improve the chances of a successful application.
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