紧急求教老师: EB1a 刚批了I-140。大女儿不在美,这月底就满21岁。她这I-485该怎么办?
-What kind of visa will she plan to use to come back? If it is H4, she has to come back before she turns 21.
She can file I-485 now or within one year after she turns 21 as your dependent.
-Correction: she can file I-485 in US within one year from the date your priority date (PD) is curret (i.e. now) if your PD is still current within one year, not within one year after she turns 21.
就是说,她在生日前回来是关键,不能在外国添任何表格申请?
-The problem is that she can not use H4 visa after she turns 21 unless she can can get F1 visa, etc which may be difficult to get.
Another choice is that if she plans to stay outside US for longer time, you may file I-824 for her together with your I-485 filing and thus, she can apply for the immigration visa (green card visa) in the US Consulate in Guangzhou, China.