AOS while on B2

[Pdasrat 2]

Hello Vjers,

I need some advice - here's the story.

My USC father filed a petition for my eldest brother 12/15/17, recently the application got approved by USCIS.

 

My brother is currently in the USA because my father was diagnosed with stage 4 Lymphoma Cancer and is currently undergoing treatment for the past 8 months. My brother has a valid 10 yrs B2 visa and we had filed an extension for him because he cannot travel home due to the airport being closed and all his flights being Canceled more than 2 two times. 

 

The extension application is currently pending, I would like to know - can my brother file an AOS in the USA? 

 

I don't think its possible for him to go home at this time due to my father's health and the Covid situation.

 

Please advise, thank you very much 😊

 

Sincerely,

 

Mini D.

 

[Boiler 45,656]

how old is your brother and from which country.

[HRQX 4,145]

18 minutes ago, Pdasrat said:

My USC father filed a petition for my eldest brother 12/15/17, recently the application got approved by USCIS.

What was your brother's age when the I-130 was filed? Was he under 21y.o.?

[carmel34 3,639]

If over 21, the brother's priority date must be current prior to filing adjustment of status, and he has to be in the US legally to do it.  If he is unmarried, (F1), I believe the wait is about 7 years from the petition filing date before a visa is available, and if he is married (F3), about 12 years, but these dates change and depend on the home country.  If the USC parent only filed 3 years ago, it is highly unlikely that he will get approved extensions of his B2 visa for that long.  Advise him to leave well before the I-94 date (or extension date, if approved before the current I-94 date), to avoid unlawful presence, which could mess up his visa approval when the category is current years down the road.  Good luck!

[Pdasrat 2]

11 minutes ago, HRQX said:

What was your brother's age when the I-130 was filed? Was he under 21y.o.?

He was 34 when my father filed the petition and he's unmarried.

[Pdasrat 2]

17 minutes ago, Boiler said:

how old is your brother and from which country.

My brother is 36 and from Guyana 

[NancyNguyen 1,657]

1 minute ago, Pdasrat said:

My brother is 36 and from Guyana 

F1 is not current next couple years so your brother can’t AOS here, his B2 can’t wait that long. 

[HRQX 4,145]

11 minutes ago, Pdasrat said:

He was 34 when my father filed the petition and he's unmarried.

Then he can't AOS because his Priority Date isn't current: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin As carmel34 mentioned above, unlikely that he'll continue to get B-2 extensions until his Priority Date becomes current (whenever that happens). If he's in the US when the Priority Date becomes current but he has failed to maintain lawful status at any point then he'll still be ineligible:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

Edited September 14, 2020 by HRQX

[Pdasrat 2]

11 minutes ago, carmel34 said:

If over 21, the brother's priority date must be current prior to filing adjustment of status, and he has to be in the US legally to do it.  If he is unmarried, (F1), I believe the wait is about 7 years from the petition filing date before a visa is available, and if he is married (F3), about 12 years, but these dates change and depend on the home country.  If the USC parent only filed 3 years ago, it is highly unlikely that he will get approved extensions of his B2 visa for that long.  Advise him to leave well before the I-94 date (or extension date, if approved before the current I-94 date), to avoid unlawful presence, which could mess up his visa approval when the category is current years down the road.  Good luck!

He's over 21 yrs old and the home Country is Guyana. His intentions were not to overstay here at all but his flights got canceled twice in the past 6 months and the airport is closed, no international flights are going in that country right now. Extension is currently pending and I'm getting very worried about this! We have every documentation regarding my father's health issue and the many flight details attempts he has made to go home.

 

He wants to go home but he can't and I'm not sure if he can actually get an AOS done. 

[Pdasrat 2]

Thanks for your help on this!

[SalishSea 17,918]

1 hour ago, Pdasrat said:

I'm not sure if he can actually get an AOS done. 

Unfortunately not possible during this trip.

[Boiler 45,656]

https://www.minfor.gov.gy/wp-content/uploads/2020/06/Repatriation-Form.pdf

 

REPATRIATION APPLICATION

• Home
• Repatriation Application

DOWNLOAD REPATRIATION APPLICATION FORM

Please download the form below, fill in the required information.
When completed, please upload it using the area below.

Once completed, please send the forms via email to repatriate@minfor.gov.gy

[HRQX 4,145]

4 minutes ago, Boiler said:

https://www.minfor.gov.gy/wp-content/uploads/2020/06/Repatriation-Form.pdf

 

REPATRIATION APPLICATION

• Home
• Repatriation Application

DOWNLOAD REPATRIATION APPLICATION FORM

Please download the form below, fill in the required information.
When completed, please upload it using the area below.

Once completed, please send the forms via email to repatriate@minfor.gov.gy

There's also an electronic form: https://docs.google.com/forms/d/e/1FAIpQLSfisqhn04qHfBmdCRczBwMc8kHBPueuIZdDcdrKarOtyS_Npg/viewform

[Boiler 45,656]

I would be interested to know what the Embassy said, why have a form if you can not repatriate?

[JFH 12,190]

*~*~*moved from “bringing family members of USCs” to “AOS from work/study/tourist visas” as the question relates to the possibility of AOS from B-2*~*~*