I am a greencard holder( permanent resident) can I file I i485 after I have filed the i1 30 for my 15 year old daughter?

2 views 4 answers
So I already filed I 130 end of 2019 and the case is pending, should I file the i485 anyway? I am trying to get a social security number for her so she can be eligible for child tax credit and I can also claim her on my taxes and the only way to do that is by filing i765. From my research I cant file i765 without i485.

Attorney Answers

4
Donald Smith ·
An LPR petitioned child can file an I-485 if the child is maintaining nonimmigrant status in the US.
0 upvotes
Lori Pinjuh ·
Not every foreign national is eligible to adjust status. If your daughter is maintaining nonimmigrant status and is in your custody (or joint custody), then she could be eligible. If not, seek a consultation with an immigration attorney.
0 upvotes
Naoki Sekiya ·
If your minor daughter still maintains her non-immigrant status, she could apply for adjustment (I-485) with work authorization application (I-765). If not, consult with an attorney to see if she should consular process her immigrant visa or wait until you become a U.S. citizen.
0 upvotes
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
She can file an I-485 if she is maintaining nonimmigrant status in the US. Please see https://www.attorneyqna.com/legal-guides/ugc/how-to-adjust-your-status-to-permanent-resident
0 upvotes