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My labor got approved today, I'm from India & I have applied for EB2 can I apply for I-140 & I-485 together?

Powder Springs, GA |

also I have son (26 yrs) who has over stayed his visa 4 years back can i file his name too as a family member to get the green card??

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Attorney answers 3

Posted

Your priority date must be current in order to file I-485 concurrently with I-140. Priority dates for India in EB-2 are backlogged so that it is unlikely that your date is current. Your son must have maintained his status since his last lawful entry in order to be eligible for adjustment.

Asker

Posted

So now if my son is out of status when can i apply for him?

Posted

I agree with my colleague

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Asker

Posted

So now if my son is out of status when can i apply for him?

Irene Vaisman

Irene Vaisman

Posted

you can't, well you could once you get your green card, but in order to adjust he would have to leave the country and once he leaves, he will be subject to a 10 year bar. Your son needs to seek other alternatives for legalizing his status in this country. If you found my answers helpful, kindly mark it so.

Posted

I agree with attorney Schmidt.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Asker

Posted

So now if my son is out of status when can i apply for him?