This man have a hb2 visa and American citizen (child 3wks old )seeking an adjustment of status through his sister

The question in this case is whether the priority date of the F-4 petitioner is current. If current and the beneficiary is in the US on a legal visa, he may be allowed to adjust status with U.S.C.I.S. depending on the circumstances. However, the waiting period of an F-4 petition to become available is 13+ years and U.S.C.I.S. does not allow an individual to remain in the US just based upon a visa petition being filed or approved unless the priority date is available for immigrant visa issuance. 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.