Concurrently Filling

As you are over the age of 21, you would not be able to have a concurrent filing of the I-130/I485 applications as the I-485 Adjustment of Status to Permanent Residence Application can only be filed where there is visa availability. For the month of February 2023, USCIS is accepting the Department of State’s dates of filing visa chart which will allow adjustment of status applications to be filed under the F-2B category for individuals in most of the world except natives of Mexico and the Philippines for whom I-130 petitions were filed prior to January 1, 2017. Without the ability to file the I-485 application, you would not be allowed an employment authorization based upon your mother’s petition as such work privilege is ancillary to the I-485 application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.