Community
F2A AOS with Pending Asylum – Children of New LPR, Status Gap as Minors. Seeking Experiences
Hello Lawfully community,
I am reaching out on behalf of a family navigating a nuanced situation and hoping to connect with others who have been through something similar or can share relevant experiences.
Background:
The family entered the United States on a B1/B2 visa in 2018. They filed for an extension, which was granted, and subsequently applied for an L1/L2 visa change of status in June 2019. That application was denied. Shortly after the denial, they filed for asylum, with a received date of May 2020. The asylum case remains pending and has never been referred to immigration court, it is still affirmatively pending with USCIS.
The parents recently received their green cards through their US citizen child (immediate relative petition). They are now lawful permanent residents and are looking to file I-130 petitions for their two other children under the F2A category, which is currently current on the Dates for Filing chart as of the April 2026 Visa Bulletin.
About the children:
The children are currently 19 and 15 years old. Both were under 18 during the entire period when the family fell out of status following the L1/L2 denial. Neither child has ever accrued unlawful presence, the minor exemption under INA 212(a)(9)(B)(iii) covered the status gap period, and the pending asylum application (received May 2020) has protected them from accruing unlawful presence since then. Neither child has ever worked without authorization.
The legal question they are navigating:
They understand that the INA 245(c)(2) bar applies to preference category adjustment applicants who are in unlawful status at the time of filing or who have failed to maintain continuous lawful status since entry, unless the failure was through no fault of their own or for technical reasons.
Their position is that the children have a strong no-fault argument on two grounds: (1) the status gap occurred entirely while both children were minors with no legal capacity to independently maintain, change, or extend their own immigration status. all decisions were made by the parents, and (2) the family's status history reflects a continuous good-faith effort to maintain lawful status through sequential applications, with no willful overstay at any point.
What they are looking for:
We would love to hear from anyone who:
Has gone through F2A adjustment of status while having a pending asylum case
Has navigated the 245(c)(2) no-fault or technical violation argument in a family preference AOS filing
Has experience with USCIS issuing an RFE on maintenance of status in a similar situation and what documentation resolved it
Is an attorney or practitioner who has handled cases like this, please reach out to me so I can forward your information to the family.
Any experiences, outcomes, RFE details, or attorney recommendations would be genuinely appreciated. Thank you in advance to this community, posts like Sherry Isaac's EB2-NIW approval story have already been incredibly helpful in understanding what is possible.
CAN USA CITIZEN SPOUSE SPONSER HUSBAND CAME FROM BOARDER ?
One of my Friend came via boarder; He married USA citizen also have kids. He was having i-589 Pending with court, case was dismissed from judge. Now he is not in removal nor he has any status.
Can his wife sponsor him I-130? Please advise Thanks
Should I notify USCIS now about marriage or its okay to notify later?
My wife’s EB-3(skilled) I-140 is approved, and her I-485 (pending) was filed in April 2023. We married later, so I wasn’t included in her I-485. I’m now filing Form I-824 for consular processing.
Should we notify USCIS now, or is it okay to wait until her I-485 is approved before informing them about my case? #eb3 #eb-3 #i485 #spouse #eb3skilled #uscis #i-824 #i824
Should I file i-824 or separate f2a, or both ?
My wife (EB-3 applicant) has an approved I-140 and a pending I-485 (filed April 2023). We married in August 2025, but I wasn’t listed on her I-485. I live in Nepal. Should we file I-824 so I can process as a derivative, or wait and file I-130 after her green card is approved? What are the timelines? #eb3 #f2a #spouse #eb3skilled
eb3 spouse question-help #eb3
My EB-3 I-140 is approved and my I-485 is pending while I am married now , but I did not include my spouse in the I-485. My spouse lives in Nepal, and I’m now filing I-824 for consular processing, Can I? . Is my spouse still eligible as a derivative beneficiary, and how long does the I-824 + DS-260 process usually take?” help #eb3 #i-824 #spouse #help
can employer petitioned niw i140 still be used for 485 after leaving the company?
can employer petitioned niw i140 still be used for 485 after leaving the company? I know niw is not tied to the position. But I am not sure if there is any restriction if I left the company already. Can I still use it to submit 485?
Family Based GC and Citizenship
Hey,
I came across something pretty exciting that I think could help a lot of people in this community.
Without going into too much detail here (don't want to break any forum rules!), there's a company Skiplegl.ai launching services in the next few days to make family-based green cards and citizenship applications way more accessible and affordable than traditional routes.
They have opened early access waitlists with some pretty significant discounts for people who want to get in before the official launch. Someone shared the details with me and I’m happy to pass them along.
P.S. this is not a scam. I have been very active on this forum, answering all sorts of immigration based queries. You can check my profile. Thanks
N400 question about work
I am filling out the N400 because I am married to an American citizen and I can do it after 3 years of having my Green card. They have been asking me about my job for the last 3 years, but I only started working 2 years ago at the same company I currently work for. So, do I just fill out the information about that job in that question? since before my husband works and was in charge of everything at home
