LPR petitioning for 19yo daughter to adjust status

[Ann47 1]

Dear Forum Members

 

I am currently waiting for my LPR status based on marriage to US citizen. My case has been transferred to the local FO recently, so I am hoping for a good news soon.

Once I have LPR, I plan to sponsor my daughter (19yo, in the US on student visa) for an LPR. We couldn't include her in my application as she was already >18yo.

I saw this morning the April 2023 bulletin Final Action Date is no longer current for F2A, but Filing Date is Current.

My questions: 

1. Which Date should I be paying attention to because I am concerned about her age?

2. Once I get my LPR, can I file for my daughter a concurrent adjustment of status? Or do I have to petition an I-130 and get it approved first before she can apply for I-485?

 

Thank you.

 

Ann

[Boiler 43,847]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-april-2023.html

 

Seems to have just come out, well that is a major change, now I had seen people comment that it was coming. 

 

Obviously being just 19 or nearly 20 makes a difference, if you came on a K1 then you could have included children up to 21.

[Unlockable 7,309]

*** Moved thread to the "Bringing Family Members of Permanent Residents to America" section of the forum.

 

VJ Moderation

[Mike E 11,730]

18 minutes ago, Ann47 said:

saw this morning the April 2023 bulletin Final Action Date is no longer current for F2A, but Filing Date is Current.

My questions: 

1. Which Date should I be paying attention to because I am concerned about her age?

2. Once I get my LPR, can I file for my daughter a concurrent adjustment of status? Or do I have to petition an I-130 and get it approved first before she can apply for I-485?

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-april-2023.html
 

“Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. ”

 

So https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin says:

“Current Month’s Adjustment of Status Filing Charts

 

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2023.

 

[…]

Next Month’s Adjustment of Status Filing Charts

Coming Soon”

 

So we do not know the answers to your questions yet.  
 

 

Edited March 22, 2023 by Mike E

[Ann47 1]

3 minutes ago, Mike E said:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-april-2023.html
 

“Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. ”

 

So https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin says:

“Current Month’s Adjustment of Status Filing Charts

 

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2023.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2023.

• USCIS March 2023 Adjustment of Status Filing Charts

Next Month’s Adjustment of Status Filing Charts

Coming Soon”

 

So we do not know the answer yet.  
 

 

Thank you!

[Mike E 11,730]

1 hour ago, Ann47 said:

Thank you!

Looks like you can still file I-485:

 

 

[Boiler 43,847]

Sort of assume OP is adjusting from a B. Not a LPR.

[Mike E 11,730]

6 minutes ago, Boiler said:

Sort of assume OP is adjusting from a B. Not a LPR.

Yes that’s not OP’s question:

 

2 hours ago, Ann47 said:

Once I have LPR, I plan to sponsor my daughter (19yo, in the US on student visa) for an LPR

 

[SalishSea 16,976]

7 minutes ago, Mike E said:

Yes that’s not OP’s question:

 

 

So since OP is not yet an LPR, and in the likely event that she won’t be before the VB change,  The daughter wouldn’t be able to adjust from a student visa, correct?

[Mike E 11,730]

1 hour ago, Jorgedig said:

So since OP is not yet an LPR, and in the likely event that she won’t be before the VB change,  The daughter wouldn’t be able to adjust from a student visa, correct?

What change?

 

“For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for April 2023”

 

F2A is current in the Dates of Filing Chart for April 2023. F2A is 

 

“A. (F2A) Spouses and Children of Permanent Residents”

 

So nothing has changed, other than a likely increase in non immigrant visa fraud.

[Boiler 43,847]

We would need to know when this would be filed and what the VB says then

[Mike E 11,730]

1 minute ago, Boiler said:

We would need to know when this would be filed and what the VB says then

And whether uscis is using filing date or final action date for that visa / charge-ability combination that month.

 

IOW we would need time machine or seer.

[Ann47 1]

5 hours ago, Mike E said:

Looks like you can still file I-485:

 

That’s a relief! Crossing my fingers I got my approval soon. 
thank you, Mike and VJ friends!!!

 

[Ann47 1]

5 hours ago, Mike E said:

Yes that’s not OP’s question:

 

 

I’m adjusting from F1 visa.

[Ann47 1]

3 hours ago, Boiler said:

We would need to know when this would be filed and what the VB says then

Will update in this forum 😁