Legal Question in Immigration Law in New Jersey

I applied form I-130 for my son as he is "divorced" unmarried son for me " permanent residence " and we got notification with priority date Sep 28 2013 .. My son is visiting me in USA these days with B1 / B2 visa and intent to stay till the end of staying permission date in six months .. he got his I-94 number now .. The Question is .... Can he apply for adjustment his status and apply for green card with application I-485 ??? while visiting me ..although his priority date not currant


Asked on 11/01/14, 10:56 am

2 Answers from Attorneys
Ana Yngelmo YNGELMO LAW

He can't apply for adjustment of status until his priority date is current.

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Answered on 11/02/14, 4:00 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law

No. He can only apply for adjustment of status in the U.S. if his priority date is current AND he is still in valid, non-immigrant status at that time.

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Answered on 11/02/14, 7:18 pm


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