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My wife and I are permanent resident of the United States (Green card holder since 2010- employment based). Upon receiving our Green card, due to some family emergency we had to leave United States in 2011 to Canada. We filed for re-entry permit and renewed it once as well (returned to USA in 2015).
While we lived in Canada, my wife gave birth to our daughter (born in 2012). Th ethought of his Green card never crossed my mind, until obviously when we crossed the border and moved back in 2015.
In 2015, I filed the I-130 petition for him (priority date June 2015 - F2A category) and finally in Aug 2017 I filed his I-485.
As you can imagine, since his entry he is has been on B-2 Visa and I kept renewing his B-2 visa since 2015. The last round of visa-extension application was filed in Feb 2017 (which could have taken him until Aug, 18, 2017).
On Aug 4th I filed the I-485 on his behalf and at that time his B-2 Visa Extension was in-progress. He was called to do his bio-metrics on Aug 15th and as of September 5, 2017 the USCIS suggests that USCIS is ready to schedule an interview for him (he is 5-years old).
We haven't heard back on his B-2 extension until Aug 28th 2017 (which is technically 10-days past the validity of the I-94, should it was approved).
The USCIS letter on his B-2 non-immigrant visa extension states that his visa extension is denied without prejudice due to the fact that he has a pending I-485.
My question is, whether my daughter (5-years old) as a dependent of a Green Card holder, is still eligible for adjustment of status or since his visitor's visa extension has been denied , hence at the time of filling the I-485 he was not on a valid visa, hence he needs to leave the country (this means my wife and I included)?
I was wondering whether she is eligible for adjustment of status? Remember he is not a dependent of a US Citizen.
Please advise whether it makes sense for us to file for I-824 and move his file from USCIS to NVC and have his green card processed in US Embassy in Canada?
Do you recommend talking to USCIS or schedule an InfoPass appointment and discussthe situation with them?
One last thing, from the very first issuance of his B-2 Visa at the US/Canadian border crossing, USCIS were informed that she has an approved I-130 petition and our intention is to get him permanent residency. Furthermore, on each and every B-2 visa extension application I have attached a letter explaining the fact that given my son's age, he wouldn't be able to live on his own, hence while his I-130 becomes current and eligible to file for I-485, we are requesting for a B-2 Visa so he can maintain a valid visa and live with parents until eligible for I-485.
While we lived in Canada, my wife gave birth to our daughter (born in 2012). Th ethought of his Green card never crossed my mind, until obviously when we crossed the border and moved back in 2015.
In 2015, I filed the I-130 petition for him (priority date June 2015 - F2A category) and finally in Aug 2017 I filed his I-485.
As you can imagine, since his entry he is has been on B-2 Visa and I kept renewing his B-2 visa since 2015. The last round of visa-extension application was filed in Feb 2017 (which could have taken him until Aug, 18, 2017).
On Aug 4th I filed the I-485 on his behalf and at that time his B-2 Visa Extension was in-progress. He was called to do his bio-metrics on Aug 15th and as of September 5, 2017 the USCIS suggests that USCIS is ready to schedule an interview for him (he is 5-years old).
We haven't heard back on his B-2 extension until Aug 28th 2017 (which is technically 10-days past the validity of the I-94, should it was approved).
The USCIS letter on his B-2 non-immigrant visa extension states that his visa extension is denied without prejudice due to the fact that he has a pending I-485.
My question is, whether my daughter (5-years old) as a dependent of a Green Card holder, is still eligible for adjustment of status or since his visitor's visa extension has been denied , hence at the time of filling the I-485 he was not on a valid visa, hence he needs to leave the country (this means my wife and I included)?
I was wondering whether she is eligible for adjustment of status? Remember he is not a dependent of a US Citizen.
Please advise whether it makes sense for us to file for I-824 and move his file from USCIS to NVC and have his green card processed in US Embassy in Canada?
Do you recommend talking to USCIS or schedule an InfoPass appointment and discussthe situation with them?
One last thing, from the very first issuance of his B-2 Visa at the US/Canadian border crossing, USCIS were informed that she has an approved I-130 petition and our intention is to get him permanent residency. Furthermore, on each and every B-2 visa extension application I have attached a letter explaining the fact that given my son's age, he wouldn't be able to live on his own, hence while his I-130 becomes current and eligible to file for I-485, we are requesting for a B-2 Visa so he can maintain a valid visa and live with parents until eligible for I-485.
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