F2B - Can we file I-485?

[futureimmigrant23 1]

My immigration file is pending under F2B category for few years. Final Action date for my application was within 1 month few years ago, but it has since retrogressed.

 

When my priority date was close to final action date few years ago, we already submitted all the paperwork and paid all fees to local consulate few years ago. Then, it retrogressed few years after submitting my paperwork.

 

I am currently visiting USA under existing tourist visa. My priority date meets Dates for Filing, but not final action date (still 1 more year to go) according to latest visa bulletin.

 

Can I file I-485 while I am still in the USA based on Date for Filing, and wait in USA for my final action date to become current? Would I get work authorization card while I wait if I file I-485?

 

If I file I-485 while in USA, what would happen to consulate paperwork I completed few years back?

 

Thanks.

[milimelo 4,494]

No.

[Boiler 45,651]

22 minutes ago, milimelo said:

No.

Why not?

[Boiler 45,651]

You file for EAD as part of the adjustment package. Along with AP, expect a wait.

[futureimmigrant23 1]

4 hours ago, milimelo said:

No.

According to Visa bulletin and USCIS website, it says we can file I-485 based on Date of Filing table (as opposed to Final Action Date)? What am I missing?

 

Is fact that I already started consular process back in my county few years ago problematic? I thought you can switch over to I-485.

 

Any help would be appreciated.

 

Thanks

[Mike E 11,740]

2 hours ago, futureimmigrant23 said:

According to Visa bulletin and USCIS website, it says we can file I-485 based on Date of Filing table (as opposed to Final Action Date)?

Agreed you can file, provided you did not enter with the intent to do so.

 

You do however face a decade of stressful EAD and AP renewals. Since March 2020, the final

action date has progressed 12 months.

 

2023 - 2020 = 3

 

3 * 12 + 10-3  = 43

 

Assuming your PD is 2 years behind the current final action date and allowing a year for USCIS to process the approval, you are looking at a wait of:

 

43/12 * 2 + 1 = 8 years at least to wait in the U.S.  Given how long F2B has been frozen, I fear it is more like 20 years.

 

 

[Chancy 6,241]

*** Moved from Bringing Family of LPR forum to AOS from Work/Student/Tourist Visas forum ***

 

[futureimmigrant23 1]

Would fact that I was undergoing consular process and completed by immigration paperwork few years back cause trouble with I-485? 

 

I have been reading about immigration intent on this forum. Although I had no intent to file I-485 while arriving on tourist visa, I am little worried because of previously submitted paperwork at the consulate causing issues for the intent portion.

 

Has anyone done this before?

 

[Boiler 45,651]

Looks like they are issuing 5 years EAD's from 1st October, so hopefully just one renewal.

[Boiler 45,651]

1 minute ago, futureimmigrant23 said:

Would fact that I was undergoing consular process and completed by immigration paperwork few years back cause trouble with I-485? 

 

I have been reading about immigration intent on this forum. Although I had no intent to file I-485 while arriving on tourist visa, I am little worried because of previously submitted paperwork at the consulate causing issues for the intent portion.

 

Has anyone done this before?

 

No, quite common, loads of such cases on VJ. Intent was decided when they let you in.

[Mike E 11,740]

6 minutes ago, futureimmigrant23 said:

Would fact that I was undergoing consular process and completed by immigration paperwork few years back cause trouble with I-485? 

No.

 

And yes as noted, EADs are now 5 years. So this,

 

14 hours ago, Mike E said:

You do however face a decade of stressful EAD [..] renewals

is not an issue.

 

Provided you had no intent to file I-485 when you entered on your B visa, I now think you should file I-485.