British Expats

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-   -   AOS for F2A (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/aos-f2a-938098/)

HotelAlpha Apr 12th 2021 9:32 pm

AOS for F2A
 
Hi all,

I entered America 3 months ago to visit my sister on B1/B2 visa. My sister sponsored my parents to immigrate to USA, and my parents immigrated here 1 month ago (i was already here). Can I apply for Adjustment of Status in F2A category? I turn 21 in October, my parents are waiting for their Green Cards to arrive, but have a document that acts as a Green card until their Green cards arrive. I lived with and worked for my parents in their daycare business back in the UK. Cheers all

-Hotel

SanDiegogirl Apr 12th 2021 11:18 pm

Re: AOS for F2A
 
Yes, you can apply.....

Why/how did you have a B1/2 visa?

S Folinsky Apr 12th 2021 11:42 pm

Re: AOS for F2A
 

Originally Posted by HotelAlpha (Post 12994419)
Hi all,

I entered America 3 months ago to visit my sister on B1/B2 visa. My sister sponsored my parents to immigrate to USA, and my parents immigrated here 1 month ago (i was already here). Can I apply for Adjustment of Status in F2A category? I turn 21 in October, my parents are waiting for their Green Cards to arrive, but have a document that acts as a Green card until their Green cards arrive. I lived with and worked for my parents in their daycare business back in the UK. Cheers all

-Hotel

I recommend you contact an experienced immigration attorney ASAP. Do not be put off if there is a charge for the consultation. There are issues best discussed in private with an attorney and NOT on a public forum.

Time and discretion are very much of the essence.

HotelAlpha Apr 12th 2021 11:43 pm

Re: AOS for F2A
 
Got the b2 a few years ago to visit my sister. Pre-covid. Was planning a long holiday

SanDiegogirl Apr 13th 2021 12:57 am

Re: AOS for F2A
 
mmmmmmm.....an under 21 getting a B/2 'cause he wanted to visit his sister for a long holiday....:popcorn:

S Folinsky Apr 13th 2021 2:26 am

Re: AOS for F2A
 

Originally Posted by SanDiegogirl (Post 12994493)
mmmmmmm.....an under 21 getting a B/2 'cause he wanted to visit his sister for a long holiday....:popcorn:

Having had the visa from before appears favorable. From what OP tells us, an application is possible and might even work. But I see a minefield and a good mine detector and some good legal handholding is called for.

civilservant Apr 13th 2021 10:36 am

Re: AOS for F2A
 

Originally Posted by SanDiegogirl (Post 12994493)
mmmmmmm.....an under 21 getting a B/2 'cause he wanted to visit his sister for a long holiday....:popcorn:

Indeed. Even if the OP may have a path, one questions the veracity of the story. USCIS might too.


But I see a minefield and a good mine detector and some good legal handholding is called for.
In this case I agree. One of those mines could easily blow up in your face.

scrubbedexpat099 Apr 13th 2021 12:48 pm

Re: AOS for F2A
 
F2a PD is current

S Folinsky Apr 13th 2021 6:55 pm

Re: AOS for F2A
 

Originally Posted by Boiler (Post 12994715)
F2a PD is current

That it is. OP looks as to be what us legal types call “prima facie eligible” to apply for apply for adjustment of status. At least for now. Ah, but that mine field.

scrubbedexpat099 Apr 13th 2021 7:09 pm

Re: AOS for F2A
 
Adjusting status from a B is not exactly uncommon.

steph0scope Apr 14th 2021 5:03 am

Re: AOS for F2A
 

Originally Posted by SanDiegogirl (Post 12994456)
Yes, you can apply.....

Why/how did you have a B1/2 visa?

Maybe he is a nationality that’s not VWP-eligible?

SanDiegogirl Apr 14th 2021 5:28 am

Re: AOS for F2A
 

Originally Posted by steph0scope (Post 12995054)
Maybe he is a nationality that’s not VWP-eligible?

I presumed he was a Brit as he said he lived and worked in his parent's daycare business in the UK.

.and in his response he did not say he was not a Brit or ineligible for the VWP

HotelAlpha Apr 14th 2021 8:45 am

Re: AOS for F2A
 
I'm a brit
I had a vwp before, let it expire. Then I got a b2 for long holiday

civilservant Apr 14th 2021 12:13 pm

Re: AOS for F2A
 
One wonders if you informed the officer that you had parents that were soon to arrive in the US as PRs.

scrubbedexpat099 Apr 14th 2021 12:18 pm

Re: AOS for F2A
 

Originally Posted by civilservant (Post 12995156)
One wonders if you informed the officer that you had parents that were soon to arrive in the US as PRs.

Highly unlikely he would have been asked and as Mr F has said if you are asked do you know what the time is the answer is yes or no.


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