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Is this possible - change status from B2 visa to PR on approval of I-130

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  • Is this possible - change status from B2 visa to PR on approval of I-130

    My daughters I-130's have finally been approved after a 6 year wait. Not sure if this helps us though. They were filed in 1998 and I think they are only processing I-130's for "unmarried adult children" with a 1995 priority date. Our children were originally listed on my husband's I-140, but aged out 3 months before it was approved - hence the I-130's. Does anyone know if the Child Status Protection Act is retroactive in this type of case?
    One of our daughters is currently visiting us on a B2 visa. Now that her I-130 is approved, is it possible for her to remain in the USA and apply for change of status and employment authorization?
    I'll be very grateful for any constructive assistance.

  • #2
    My daughters I-130's have finally been approved after a 6 year wait. Not sure if this helps us though. They were filed in 1998 and I think they are only processing I-130's for "unmarried adult children" with a 1995 priority date. Our children were originally listed on my husband's I-140, but aged out 3 months before it was approved - hence the I-130's. Does anyone know if the Child Status Protection Act is retroactive in this type of case?
    One of our daughters is currently visiting us on a B2 visa. Now that her I-130 is approved, is it possible for her to remain in the USA and apply for change of status and employment authorization?
    I'll be very grateful for any constructive assistance.

    Comment


    • #3
      The Child Status Protection Act is not retroactive, but it does apply to all petitions pending after August 6, 2002.

      If your children turned 21 before 1998, the Act will not affect their applications.

      Your adult child can adjust status while legally in the US if the priority date on the approved I-130 is current.

      Comment


      • #4
        Thanks for the information.

        Comment

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