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Adjustment of Status - Dependent's eligibility

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  • Adjustment of Status - Dependent's eligibility

    I am in US on L1 while my i-485 has been filed. My daughter is attending university on L2 visa (as my dependent). She will age out pretty soon. Whether she is allowed to live in US & continue her studies while i-485 is in process but L2 is expired. What are the options because if she applies for F1 that would contradict greencard application from intent to live perspective.

  • #2
    Does your daughter have a pending I-485? Is she close to aging out under the CSPA age calculation? Is a visa number available for your priority date under the Final Action Date chart?

    She can stay in the US while her I-485 is pending, even if her status expires. Whether her school lets her study in such a status is up to the school.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Hi, I am considering to apply for AOS, while in the U.S. My brother is a US citizen. I was born in Pakistan. The priority date is any faster if one does AOS while in the United States. if so, what will be the waiting time. During the waiting time one can get permission to work. Please answer based on your best expert advise. Thank you.

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      • #4
        Originally posted by mazahar View Post
        Hi, I am considering to apply for AOS, while in the U.S. My brother is a US citizen. I was born in Pakistan. The priority date is any faster if one does AOS while in the United States. if so, what will be the waiting time. During the waiting time one can get permission to work. Please answer based on your best expert advise. Thank you.
        Hi, I think is better for you to open your own thread, but answering your question:
        No, the priority date is not faster if one does AOS while in the United States. Brothers of US citizens are waiting 15 years or more to be able to immigrate or get their GC.

        Because you can't file the AOS until your priority date became current, I don't think you can stay in the US for that long, I guess you need to maintain status until you can file the I-485.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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        • #5
          Dear Enub4, thank you so much for taking the time to write back. I really appreciate your given details. I am new to this forum. I will find out how to open a thread. Thank you so much for all the hard work you do.

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