IR2 Visa to AOS (India Case)

[AAnil 4]

It has been over 9 months I am awaiting interview date for IR2 visa for my beneficiary. The beneficiary is already in the US (non-immigrant visa) for a few months. As per the process in the works, when notified of a interview date, the beneficiary would return to the host country. The rate at which things are moving, its all uncertain when we can expect the IR2 visa interview. Is it possible to opt for the AOS by filing I485 in the US? 

Thanks.

Anil 

[SusieQQQ 11,586]

Yes, but make sure you understand the limitations and timeline involved with starting an AOS process now. It may be as long as two years at some FOs before the beneficiary actually gets a green card - so it’s quite possible if not probably they’d get it faster via the consulate . 

[pushbrk 12,979]

1 hour ago, SusieQQQ said:

Yes, but make sure you understand the limitations and timeline involved with starting an AOS process now. It may be as long as two years at some FOs before the beneficiary actually gets a green card - so it’s quite possible if not probably they’d get it faster via the consulate . 

Correct.  I might have additional comments once I understand just which kind of IR2 visa this is.  Is it a stepchild, or a petitioner's natural child that will become a citizen once they use the visa?  How many months has the visa applicant been in the USA already and under which visa?

[AAnil 4]

this is IR2 visa for my son (not stepchild). He is under 18, so he will become a US citizen upon entering the US. He has been in the US for about 3 months.

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Bringing Family of USC forum, where topics about IR2 cases are discussed ***

 

[AAnil 4]

since it has been about 9 months that we are awaiting interview date for IR2, my concern is what happens if we end up waiting one more year. in one more year, the beneficiary will be 18. does that mean he no longer qualifies for becoming a citizen upon entry into the US? 

 

Thanks.

Anil

[SusieQQQ 11,586]

1 hour ago, AAnil said:

since it has been about 9 months that we are awaiting interview date for IR2, my concern is what happens if we end up waiting one more year. in one more year, the beneficiary will be 18. does that mean he no longer qualifies for becoming a citizen upon entry into the US? 

 

Thanks.

Anil

Correct. However that will not be remedied if he does AoS but doesn’t get a green card before he turns 18 either. All four criteria of INA320 need to be met for automatic acquisition of citizenship - he must be under 18, have a citizen parent, the USC parent must have physical and legal custody (do you have legal custody, by the way?) AND he must be an LPR.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

 

[AAnil 4]

It sounds like my best bet is to continue to wait for the IR2 visa interview and hope (or pray) that it is not going to be year from now. 

 

For someone who is on the borderline, I wish they accommodated it as an expedited case (at an appropriate time). I also wish that there was some more recognition for the implications of the extended period of separation of families of US Citizens. I guess we are too small of a number to make a persuasive case for increasing the priority. 

 

As they say, hope for the best and prepare for the worst. And that's what I am trying to do my best. 

 

Thanks for clarifying my doubts.

 

Anil

[SusieQQQ 11,586]

You can try an expedite request for the visa on the basis of getting him in before he turns 18, no idea if it will work. 
 

1 hour ago, AAnil said:

also wish that there was some more recognition for the implications of the extended period of separation of families of US Citizens.

But there is, that is why there is no wait for a visa number like there is with other categories. The only wait is the processing time, which unfortunately has been very messed up with Covid backlogs everywhere.