Legal Question in Immigration Law in Georgia

My case is explained below. Request to provide your analysis on this case.

Family based petition filed by US citizen

Priority Date: June 08, 2002

Petition Approved date: September 17, 2002

Child Birth date: October 17, 1988

Child turned 21 on: October 17, 2009.

Visa Availability Date: December, 2012

Summary:

Child entered into United States in 2006 on F1 Visa. Currently working legally in United States on H1-B status. His H1-B expires in 2016. Family is fighting to get green card for a child based on petition filed by US citizen (Grandfather). Child was 23 the time visa became available. As per CSPA, child can apply for Adjustment of Status (AOS) upto year visa becomes available.

Actions Taken by Family:

1. Child have been able to maintain his status in United States (F1 -> OPT EAD --> H1B expiring 2016)

2. Parents who received green card have already filled I-130 on September 01, 2013 for child currently present in United States. (Different process).

Child is interested in making a strong argument to USCIS, by filling AOS to consider him as child for immigration purposes

However, Child needs to understand if filling of AOS I-485 on Family based petition of US Citizen would: -

1. Cause any effect to his current H1-B status.

2. Grant him immigration visa based on CSPA act.

3. Require any other strong evidence/documents to be support the argument.

Please assist,

Dharmil Shah (I am the child in this case))


Asked on 10/21/13, 10:51 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You need to contact lawguru to remove your post, as it is not appropriate to post personal information here and it is not appropriate to ask for detailed, specific advice about a pending legal issue. This is a general information forum, not a replacement for own lawyers.

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Answered on 10/21/13, 10:54 am


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