Should I file I-485 with I-131?

[Raghavan1935]

My son has filed I-130 as a principal through the immediate relative of a US GC Holder category. My son is 14 years old and an unmarried minor and I'm his immediate relative. His I-130 has not been approved yet. According to Oct Visa Bulletin, my priority date is 12/25/2023 and looks like I am eligible to file I-485 (F2A) as it shows date of 15th July 2024 for Indian passport holders in the Visa Bulletin. Couple of questions I hope someone here could help me get the answers to them.

1.⁠ Is my son eligible to file 485? Should I file his I-485 and I-131(AP) together?

2.⁠ ⁠Should I file before the new administration takes effect and if so, is the deadline Jan 20th when the inauguration is scheduled?

[newacct]

First, we need to get some terminology straight. "Immediate Relative" is the name of the category for the spouse, parent, or unmarried under-21 child of a US citizen. The spouse or unmarried under-21 child of a US permanent resident (i.e. green card holder) is in the F2A category. Are you a US permanent resident (i.e. green card holder) who filed an I-130 for your son (in which case your son is the principal beneficiary of that I-130)? Or did your US permanent resident (i.e. green card holder) spouse file an I-130 for you to immigrate, and your son is immigrating together (in which case you are the principal beneficiary of that I-130, and your son is a derivative beneficiary)?

Yes, an I-485 can be filed if the priority date (i.e. the date the I-130 was filed) is before the date for the category and country of birth on this chart, if the person is in the US and has maintained status continuously until now. I-485 can be filed while the I-130 is pending. What is your son's current status?

Filing I-131 for Advance Parole is optional. It is an additional fee of $630 to apply for it.

[Raghavan1935]

Yes, I'm a Green Card Holder and I believe it is F2A category. I applied the I-130 for my 14 year old son. My son's current status is a H4 (dependent on my spouse's H1-B visa) and is going to school here in the US.

[newacct]

How did you get your green card? Why didn't your son immigrate as your derivative beneficiary?

Anyway, as I stated above, your son can file I-485 at any time, with a copy of the I-130 receipt, and all the other required documents for the I-485. I-131 for Advance Parole is optional. He will not abandon I-485 if he leaves the US while it is pending, if he maintains H4 status until right before he leaves, and he returns on an H4 visa.