QUESTION

Would I still be able to file I 130 and I 485 change of status for him?

Asked on Jul 13th, 2013 on Immigration - California
More details to this question:
I just got a conditional green card. My son 19 years old was lawfully admitted to the USA as an F1 student . He falls out of status and then he filed for asylum , his application was denied and now he refers to an immigration judge. The Family 2A goes current in August. Would he still be able to get his work authorization and while waiting for his application to be approved?
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2 ANSWERS

Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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If he has fallen out of status, He may not be able to adjust status, unless you are a citizen and he is under 21 years. If you are eligible you should file for citizenship right away.
Answered on Jul 15th, 2013 at 8:10 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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He can file I-485 and EAD after August 1. Whether he could adjust his status in court will depend on if he has maintained lawful status.
Answered on Jul 15th, 2013 at 8:10 PM

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