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  • #16
    enroy,

    My apology, I thought it was your uncle who filed for your dad. You cannot adjust if it was your bother who filed for him. Did your brother or anyone else file for you in the past?

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    • #17
      eroy,

      first, make sure you know what will the process be after you get approval on I-130 and priority date becomes current.

      If the processing of the petition is completed, I don't see a point in moving it. Besides, it is your father's petition and Vermont is his SC.

      dragonlady,

      what was your applicant's status in the US when you filed I-130/I-485 for him/her?

      Why people file for EAD and AP with the AOS? One is never sure when the AOS interview will be, it can take a few months or more than a year. With the EAD and AP,an alien, whose visa number is current and who filed for AOS, can work and travel.

      Approval of only I-130 does not give beneficiary a status or puts him/her back in status. Filing for AOS does.

      CFR's
      "Sec. 245.1 Eligibility.

      (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application"

      USCIS -How Do I Become a Lawful Permanent Resident While in the United States?
      "You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa"

      Spouses, children and parents of USC don't have to wait for immigrant visa number. Sons/daughters (=children over 21) and siblings of USC, as well as spouses, children, sons/daughters of permanent residents get immigrant visa number when their priority date is current (cut-off date according to visa bulletin).

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