I-485 Filing for my Son

[muppala_1234]

Hi ,

I filed I485 for me and my wife in NSC on Dec 15 2011. we received EAD/AP combo cards for both on Feb 13 2012 . My son ( 2 years old ) is in india now . he born in India. I want to include my son into My I485 application now.My Attorney told me , My son can include my I485 application while I 485 is pending and priority date is current . My priority date Feb 14 2008 which is current now. I want to bring my son from India now.

If my 485 is approved when my son came to USA within 2 or 3 days.Can i add him into my I 485 application or can i send him to India immdiately.

Could you please let me know what are the options available.

Can law experts help me regarding this issue.

Thanks

[Belle]

Well, your attorney is wrong. Your petition does not have to be pending. It should not be denied, i.e. either pending or approved will do.

[habeebulla]

There is nothing like "Adding". It's a new filing for the derivative. If your 485 approved before filing derivative's application, then it's a completely different process.

Read this article......

http://www.murthy.com/news/n_485pos.html

[Belle]

There is nothing like "Adding". It's a new filing for the derivative. If your 485 approved before filing derivative's application, then it's a completely different process.

Read this article......

http://www.murthy.co...s/n_485pos.html

Agree, there is no such thing as "adding", but the principal's approval on its own does not trigger a different process. The derivative can still file for AOS (assuming the derivative is in the US and has not been out of status for over 180 days - which is the requirement in any EB case).

[tusharvk]

isn't there a law regarding newborn's first visit to the US along with a green card holder parent will automatically grant him a green card at the post of entry?

I do not know if this law applies to a newborn or extends to 2 year olds as well. pls check with the attorney.

[Belle]

isn't there a law regarding newborn's first visit to the US along with a green card holder parent will automatically grant him a green card at the post of entry?

I do not know if this law applies to a newborn or extends to 2 year olds as well. pls check with the attorney.

As is "child under 2 y.o. born to a pernmanent resident mother abroad"? A couple of snugs with it. First, the child is over 2 y.o. Second, the mother should be a permanent resident at the time of birth.

[muppala_1234]

Hi Belle and Tusharvk,

Thank you for your valuable information .

If i can't bring my son to USA , what are the options avaialable.

Can i need start the councelor processing after my I 485 approved.

May i know how long it takes the processing under 21 years of age.

Any help regarding this.

Thanks

[tusharvk]

I am not sure if the mother needs to be PR at the time of the child birth overseas.

If the mother has her AP and gets green card after the child is born, the child could do CP and FTJ (in the same category as the mother), correct?

why would the child not get green card at the poe then?

[JoeF]

I am not sure if the mother needs to be PR at the time of the child birth overseas.

For the child to become an LPR upon entry, that's a requirement. 8 CFR 211, if I remember right.

If the mother has her AP and gets green card after the child is born, the child could do CP and FTJ (in the same category as the mother), correct?

why would the child not get green card at the poe then?

With doing FTJ, yes. But in the former case, FTJ and the delays that implies would not even be necessary. If the mother is an LPR at birth, and the child enters the US within 2 years of birth, together with a parent, and it is the parent's first entry to the US after childbirth, the child becomes an LPR without any additional documents other than the birth certificate.

[Belle]

If the child can't enter the US on a non-immgrant visa in order to file I-485, then following to join needs to be started upon approval of the primary. It will probably take 6-10 months. Can you get your child a visitor visa? If so, you should talk to a laywyer first about this being an option for AOS filing (I am not 100% sure it will work, but it might since there are fewer restrications on out of status minors).