I-130 pending, but son is visiting me on tourist visa

[gansha]

I am a naturalized US citizen (hails from India). When I was in GC status in 2015, I applied for I-130 for my son who is above 21 years old. The applied I-130 is not yet approved. He lives in India.

I am not well and may have to undergo surgery soon. Since I don?t have any support, he is planning to visit me and assist during surgery and recovery time. Can I apply for his I-485 when he is here? Thanks in advance for your response.

[newacct]

I am a naturalized US citizen (hails from India). When I was in GC status in 2015, I applied for I-130 for my son who is above 21 years old. The applied I-130 is not yet approved. He lives in India.

I am not well and may have to undergo surgery soon. Since I don?t have any support, he is planning to visit me and assist during surgery and recovery time. Can I apply for his I-485 when he is here? Thanks in advance for your response.

No. An unmarried, over-21 child of a US citizen is in the F1 category, which has a wait for visa numbers of around 7 years (longer for people born in Mexico or the Philippines). A married child of a US citizen is in the F3 category, which has a wait for visa numbers of around 12 years (longer for people born in Mexico or the Philippines). That means only that many years after the I-130 is filed (the priority date) can he proceed to the next step, which is either Adjustment of Status (I-485) in the US, if he is in the US and in status at that time, or Consular Processing abroad otherwise. It is still years before a visa number is available for his priority date in his category.