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来源: 2017-04-19 11:25:02 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

My question:
-Was your son born after you got your green card? If yes, then your son could have filed I-485 after he entered US using the following to join benefits, and thus you did not need to file I-130. It seems you made a big mistake to delay your son to get the green card.

  1. Why our case was forwarded to NVC? Is this normal? -The problem is that whether your son still has a legal status (i.e. whether his B-2 I-94 expires or not). If his B-2 I-94 expired, then he cannot file I-485 within US, and he has to go to China to apply for the immigrant visa. Thus, it is very normal for USCIS to forward the approved I-130 to NVC for process for the immigrant visa application.
  2. My son's PD will be current in next month, can we file I-485 (and I-765, I-131) for adjustment of status? Or we have to wait NVC to process our case (my so is in US now)-See above.
  3. Do we need to go to local USCIS asking for filing I-485?-No.
  4. If we can still file I-485 in US, what we need to do with NVC?-If he still has a valid B-2 status (i.e. he extended his B-2 within US and the new I-94 does not expire), then he can just file I-485 directly when the PD is current, and then just inform NVC to stop processing your case there.

Many thanks!