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Admitted in US as Tourist(B2)-Immig. Petition Approved-Priority Date NOT yet Current
Hi Guys,
We just want to inquire & seek for your wisdom regarding a certain case. The beneficiary is a 32-yr old male. Legally single, & currently in the US for the past month. He was legally admitted in the US using his B2(Tourist) visa, and was granted a six-month duration to stay. His mother, who is an American Citizen, has filed an immigrant petition for him that falls under F1 family-based category (Unmarried son/daughter of a US Citizen). His immigrant petition has a priority date of March 2008, and has been approved last 2011.
Back 2011, he received a letter from the National Visa Center (NVC) that his approved petition has been forwarded to their office, but unfortunately, no immigrant visa number was available for him as of that moment, & he has to wait until his priority date becomes current, before immigrant visa will be available for his case.
Came 2012, he applied for a non-immigrant visa, & fortunately was able to acquire a 10-yr multiple entry B1/B2 non-immigrant visa that allowed him to enter the US.
Our questions would start at: Can he apply & later on acquire for his immigrant visa while he is already in the US? We've browsed & read several articles online, somewhat similar to his case that lead us to the terms "Adjustment Of Status" & "Consular Processing". Correct us if we're wrong, but would Adjustment of Status (AOS) closely fit his case? The only thing that makes him INELIGIBLE for AOS, as what we understand, is that, his Priority Date is NOT yet CURRENT at this time, looking at this months Visa Bulletin.
In that case, would it still be possible for him to apply for an Adjustment of Status? Or is there any other way for him to apply & later on acquire for an immigrant visa while he is in the US? so he can legally stay there for good.
Your brilliant minds & advices would be a great help on this issue.
Thank you in advance Guys!
We just want to inquire & seek for your wisdom regarding a certain case. The beneficiary is a 32-yr old male. Legally single, & currently in the US for the past month. He was legally admitted in the US using his B2(Tourist) visa, and was granted a six-month duration to stay. His mother, who is an American Citizen, has filed an immigrant petition for him that falls under F1 family-based category (Unmarried son/daughter of a US Citizen). His immigrant petition has a priority date of March 2008, and has been approved last 2011.
Back 2011, he received a letter from the National Visa Center (NVC) that his approved petition has been forwarded to their office, but unfortunately, no immigrant visa number was available for him as of that moment, & he has to wait until his priority date becomes current, before immigrant visa will be available for his case.
Came 2012, he applied for a non-immigrant visa, & fortunately was able to acquire a 10-yr multiple entry B1/B2 non-immigrant visa that allowed him to enter the US.
Our questions would start at: Can he apply & later on acquire for his immigrant visa while he is already in the US? We've browsed & read several articles online, somewhat similar to his case that lead us to the terms "Adjustment Of Status" & "Consular Processing". Correct us if we're wrong, but would Adjustment of Status (AOS) closely fit his case? The only thing that makes him INELIGIBLE for AOS, as what we understand, is that, his Priority Date is NOT yet CURRENT at this time, looking at this months Visa Bulletin.
In that case, would it still be possible for him to apply for an Adjustment of Status? Or is there any other way for him to apply & later on acquire for an immigrant visa while he is in the US? so he can legally stay there for good.
Your brilliant minds & advices would be a great help on this issue.
Thank you in advance Guys!
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