Hi, my Son (Visa Waiver) in the US,(not merried, 33 y) , I am Permanent RC holder Mom, may I process the I-130 and I-485 together? He is overstay.

As a permanent resident filing for a 33-year-old single son, he is in the F-2B category which in the month of November only has final action date availability for those who filed prior to 7/8/15 for all of the world except for further backlogged countries Mexico and the Philippines. Adjustment of status (I-485) is only allowed where there is visa availability. Your idea of having your son adjust status when he enters will not be allowed because of the long period of time that he must wait before his quota becomes current. Insofar as visiting you is concerned during the time of waiting, he is allowed to do so as long as he is able to convince immigration inspectors at the port of entry that he intends to return within the 90 day period allowed on visits under the visa waiver program. He should space out any visits so that DHS can see that he spends much more time in his home country than the United States. 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.