Priority Date on I-130 Receipt

[ionzedi]

Hi. My dad is a LPR and he filed for I 485. it was rejected. He then filed a I 130. we got the receipt and it has been over 8 months but there is no approval yet. There is a priority date on the Reciept. are we supposed to file for I 485 when the PD gets current even if we don't receive the approval?
BTW
He filed for me and my mom. We are in the States and we overstayed our Visitor visa because he filed for our GC.

[inadmissible]

You and your mom can file for adjustment of status when your immigrant visa becomes available, but you must remain in status until then

It sounds like you're out of status

If your father can naturalize soon, immigrant visas will become immediately available, and the requirement to remain in status will be waived

Assuming you have been out of status for less than 180 days, your best option depends on how soon your father can naturalize, weighed against the risk of removal. If you have already accrued more than 180 days (or worse a year) of unlawful presence you will trigger the 3 or 10 year bar of admissibility upon departing the United States. In that case, you'll be better off staying until your father naturalizes, even with the uncertainty and risk of forced removal

I'm curious, did you and your mom have the child/spouse relationship with your father when he acquired his lawful permanent residence? If so, you and your mom should have applied for follow-to-join benefits at the consulate abroad, where a an immigrant visa would have been immediately available (as your dad's priority date is current)