Adjustment of Status after filing I-130

Under the F-2B category for permanent residents filing for unmarried adult children, the visa bulletin for February 2020 shows that except for persons from Mexico and the Philippines who must wait longer, the visa availability date on the final action dates chart is 8/22/14, and on the dates of filing chart 4/22/15. An adjustment of status application can only be filed when the visa availability date is reached and exceeded by at least one day. U.S.C.I.S. decides whether it will honor the final action dates chart or dates of filing chart for any month although it will allow adjustment filings where the final action date is available even if it is honoring the dates of filing chart for the month. Assuming that there is visa availability (USCIS is using the dates of filing chart for February and you filed for your daughter on 4/21/15 or earlier) and the I-130 petition is not yet approved, your daughter can apply for her I- 485 application to adjust status to permanent residence and also request employment permission on form I-765. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.