I-130 is filed by aunt to her sister(my mom) as in F4 family immigration category. And principal applicant (mom) passed consular processing in home country and arrived in US. I am the derivative beneficiary of that petition ( my name on the petition as a child) present in USA.
Which box do I check in Part 2 of Form I-485, box a or box b?
Thanks in advance. this is a great effort from the attorneys through Avvo.com!!
Just being a derivative beneficiary does not entitle you to immediately file the I-485. There needs to be an approved I-130.
The answer given here is not complete and based only on the information given in the question. The answer is general in nature as a full consultation would be required in order to give a complete consultation. The answer should not be relied upon as the only possible solution.
You are PROFOUNDLY confused and should have a talk with an immigration lawyer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
As a derivative beneficiary, you need to check box b. You can only adjust your status in the US if you are in lawful status or if you qualify for adjustment of status under section 245(i) of the law.
Please see https://www.avvo.com/legal-guides/ugc/green-cards-for-family-members
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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