F2A category adjustment of status

[meme23]

My mother is a green card holder ,she has a husband (married before applying for a green card )
Her Husband got approved
Form I-130, Petition for Alien Relative
and was waiting for his priority date to become currant It is Feb 6 2016
Meanwhile he was traveling back and forth with tourist visa , staying here for 6 months and leave.
Now he is in US , entered Dec 28 ,and his priority date became currant just now (in Feb ) visa number available.
My main question , may he now apply for Adjustment of Status ,right away or should he wait a little?
He also need to let the Consular Processing know that we will do the adjustment of status and not the Consular Processing? since we got a letter from them in June ,that he is eligible to apply in his country. (we never did , were waiting for final action dates for family -sponsored preference cases
F2A category ) in order to do it here.
How long does it take for him after applying to get appointed to the interview?
May he stay in US and not leave (overstay by few months) until he gets a green card? Will it not cause problems?
Can he get work or travel documents while waiting for green card?
Thank you for your help!

[newacct]

My mother is a green card holder ,she has a husband (married before applying for a green card )
Her Husband got approved
Form I-130, Petition for Alien Relative
and was waiting for his priority date to become currant It is Feb 6 2016
Meanwhile he was traveling back and forth with tourist visa , staying here for 6 months and leave.
Now he is in US , entered Dec 28 ,and his priority date became currant just now (in Feb ) visa number available.
My main question , may he now apply for Adjustment of Status ,right away or should he wait a little?

Every month since October 2017, AOS could have been filed for F2A with priority dates before Nov 1, 2016. So this is not something that just happened, and they would assume he knew he could AOS when he entered. I don't know whether intent will be an issue, but he should have an explanation for how he changed his mind after entry.

He also need to let the Consular Processing know that we will do the adjustment of status and not the Consular Processing? since we got a letter from them in June ,that he is eligible to apply in his country. (we never did , were waiting for final action dates for family -sponsored preference cases
F2A category ) in order to do it here.

Filing I-485 is enough.

How long does it take for him after applying to get appointed to the interview?

Hard to say

May he stay in US and not leave (overstay by few months) until he gets a green card? Will it not cause problems?

As long as he is in status when he files I-485, it doesn't matter if he goes out of status while I-485 is pending. And not only may he, but he must stay in the US while I-485 is pending unless he has gotten an Advance Parole, or his I-485 will automatically be abandoned.

Can he get work or travel documents while waiting for green card?

Yes. An I-485 applicant can file I-765 for EAD and I-131 for AP at the same time, both for free.

[meme23]

Every month since October 2017, AOS could have been filed for F2A with priority dates before Nov 1, 2016. So this is not something that just happened, and they would assume he knew he could AOS when he entered. I don't know whether intent will be an issue, but he should have an explanation for how he changed his mind after entry.


Filing I-485 is enough.


Hard to say


As long as he is in status when he files I-485, it doesn't matter if he goes out of status while I-485 is pending. And not only may he, but he must stay in the US while I-485 is pending unless he has gotten an Advance Parole, or his I-485 will automatically be abandoned.


Yes. An I-485 applicant can file I-765 for EAD and I-131 for AP at the same time, both for free.

Thank you so much ! it does make a sense to me So he needs to wait at least 30 days after entering the country to apply for adjusting of status ? (another 2 months for us) but I wonder, my mother filed I -130 form for him 2 years ago and it was approved, and all this time he was waiting to visa number to become available, they will know it at the interview of course, doesn't it show his intentions from the beginning to get a green card. So why wait now 3 months?

[newacct]

Thank you so much ! it does make a sense to me So he needs to wait at least 30 days after entering the country to apply for adjusting of status ? (another 2 months for us) but I wonder, my mother filed I -130 form for him 2 years ago and it was approved, and all this time he was waiting to visa number to become available, they will know it at the interview of course, doesn't it show his intentions from the beginning to get a green card. So why wait now 3 months?

I never said he had to wait 3 months. That's some Department of State thing, and it's USCIS, not Department of State, that adjudicates AOS. How USCIS handles intent is not clear.