Filing I-485 for family - Family in India

[tal2012]

Hello Friends,

I am currently looking to downgrade from EB-2 to EB-3 (priority date June2012). My wife and daughter are currently in India. Since my daughter's study is going on, they may not join me in US for at least few years. Now that I need to file I-140 and I-485, what are my options? Can their I-485 be filed later? What are Pros & Cons if we do not file their I-485 now? Any thoughts / comments / advise please? I would appreciate it. Thank you

[gc485process]

Each has its pro and con. But at a high level. if you file 140/485 now along with family : 

How old is your daughter ? 

Daughter - She needs to be here and assuming she is < 21 once you file her 485 she automatically get protected under CSPA . No matter how long it takes to get approved her application / status is preserved. and she gets eligible for EAD and AP get the ability to travel without visa. .

Spouse - best case would recommend  spouse to be here to file for 485 and AP . So can travel as often as possible with  AP without visa.

Cons - You never know when dates go back or forward. If for some reason dates go forward and your 485 is approved while they are still in india. it will be take another xx years for your spouse and child  to join you. 

[JoeF]

An I-485 can only be filed if the person is in the US in a valid status.

For people who are abroad, Consular Processing is the only option. They would have to file an I-824 to initiate CP, and if the PD is current they would get an invitation for an interview at a US Consulate. That results in an Immigrant Visa which is valid for 6 months.