Hi, I need help with my case. My mum who is a LPR applied for an immigrant visa for me, which was approved in 1996. However i have been waiting for a visa number to become current. I'm currently in the US on a visitors visa.I have decided to remain in States while I await the final notification to adjust status, will being out of status affect my application in any way? Please help.

The answer will be yes or no. Since your petition was approved 1996, you are eligible to file AOS under 245i once you visa number becomes current if you overstay your visa. You must pay $1,000 penalty with form 485a. You must understand that 245i will not protect you before your priority date becomes current. In other word, if immigration finds out that you are out of status, you are subject to deportation and 3/10 year bar applies to you based upon total days of your overstay. With current situation and, I would recommend you to try to extent your B-1 Visa or go through consulate process in your home country instead of going under. The current F2B category is on 07/01/1995. I really do not think that it is worth of being an illegal here since you have already patiently waited 7 years and you are close to the end of your journey to immigrate to the U.S. More than 180-day overstay will trigger 3-year bar. More than one year overstay, you cannot enter the U.S. for ten years. If you are already out of status more than 180 days, you have no choice, but wait for AOS here and pray not being caught.

Thanks for the information, in your estimation how soon will a priority number dated september 1995 become current and where can i file the 245i?