Adjustment of status while dependents are not here? Options?
Thanks!! ^_^v
Answers:
When Mexicans send dollars to Mexico, do they have to convert them to their currency.?
For your friend, his wife, and his son to have their status adjusted, they have to be here physically. Adjustment of status means the status will be adjusted from nonimmigrant (say, tourist visa) to an immigrant one. Since the wife and son aren't here, only your friend can have his status adjusted.If the employer has petitioned your friend (EB3), then only his papers can be processed by the USCIS. He will need to wait for his green card (which may take months to a year) before he can start petitioning his wife and his son in his home country.
Now that may take several years, depending on what his nationality is. They will fall under F2A category (spouse and child of permanent resident).
For F2A, these are the current dates:
All Chargeability Areas Except Those Listed 22-Jul-02
CHINA-mainland born 22-Jul-02
INDIA 22-Jul-02
MEXICO 01-Nov-01
PHILIPPINES 22-Jul-02
Here is the latest visa bulletin for August 2007
http://travel.state.gov/visa/frvi/bullet...
As you can see, there is a very long wait before he can bring his family here as immigrants.
I know of some people who were promised by their lawyers that their family's papers can be filed at the same time as the EB3 worker's, even though the family is not here in the US. But then, as expected, the lawyers were not able to deliver what they promised, so this caused a lot of frustration and heartache. It just isn't possible to adjust the status of those who are not here bec they have no status to start with.
An option is for his wife and son to come here as tourists during the time that the USCIS is accepting employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current. Right now USCIS will accept applications filed not later than August 17, 2007. He may want to read this:
http://www.uscis.gov/portal/site/uscis/m...
I hope you find this helpful.
Additional info: FTJ (Follow-to-join) is possible only if your friend, his wife, and his son are all in their home country, and the EB3's case is being processed there (not in th US).
They should all be present during the time of interview at the consular office in thier home country. If approved, the visas are all released at the same time, and there is an annotation on the wife's and thte child's visas "Valid only if Acc/FTJ Father/Mother/Spouse".
This means that the wife (and child) can not travel here AHEAD of the EB3 worker. They can only accompany the EB3 worker or join him at a later date. FTJ is particularly useful when the wife and child are not ready to depart the home country yet for personal reasons, for example, the child has to finish school for the school year, if there is death in the family, etc.
This immigrant visa is presented at the port of entry in order to gain admission.
Why are our immigration laws suddenly being enforced, what has changed?
No, they have no "status" to adjust.
No idea! ask DAR!
Immigration questions please help!?
Americian borders are being leaked on all sides.. from Japan, China and Indonesia in the far east, to Mexico and South American countries in the south, from all the islands that sourround us that is not American and from the Middle east where our borders are leaking the worst, they educate themselves with the system and policy and fall right in.. and surely they are not here to benifit America in any way at all.
Look around you will see American values such as freedom and equality are being removed by these LEAKY BORDERS ON ALL SIDES.. its time to seal everything up and bring them home.. fix inside than we go go back to opening back up again!
Surely that will never happen, cuase of one thing GREED!
The Immigration information post by website user , ImmigrationReady.com not guarantee correctness.
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