F2A for my sister

[moe.ali 1]

Greetings to All,

My mother and younger sister arrived to the US on June 30 2013. My mom came here to obtain her GC, she received by mail last week. My younger sister (20 years old) is here on a 2B visit visa. My sister is here on a 2B visit visa and can legally stay here until December 29 2013. Our intention was to apply for her through my mom when they go back overseas. However, seeing that the F2A category is current. I have the following question

1) Could my sister stay in the states with me and I apply for here I-130, I-485, I-765 & I-131 as my mom is a GC holder. If so what would the mailing address be, and how long do you anticipate it would take for the GC application process, as I am worried that she might cross 21 years of age and get moved to a F2B category before the process is completed.

Thank you for your help.

Edited August 17, 2013 by mohamad.aydi

[aaron2020 11,651]

Your mother can file for your sister.

With the F2a category being current, your sister can file to adjust. Because the PD is current, your sister's age will be frozen at 20. Your sister will get her EAD/AP which she can renew until she gets her green card.

Retrogression of the F2a PD will not matter. Your sister can renew the AP/EAD until she gets her green card.

Best of luck.

[moe.ali 1]

Thanks for the reply. I started with the paperwork. However, I am facing a problem with I-485 Part 2. I am wondering should I check the following boxes and why

(a) An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, or special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

(h) Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and i have been physically present in the United States for 1 year after admission).

Thank You

[Hypnos 6,576]

A.

[moe.ali 1]

It requires an attachment for an approval notice. How do I go about that?

[Hypnos 6,576]

You already posted it yourself.

"Attach a copy of the approval notice, or a relative...visa petition filed with this application that will give you an immediately available visa number, if approved".

[moe.ali 1]

Hypnos,

I am filling I-130 and 1-485 concurrently. So I do not have an approval notice nor do I have an approved relative visa petition. Could you please clarify?

Thank You

[Hypnos 6,576]

The I-130 is your relative visa petition, and it says "if approved" at the end, meaning you can attach either an already filed or approved petition, or a complete petition that, if approved, grants you an immediately available visa number.

Edited August 18, 2013 by Hypnos