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Apr 24, 2026
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.
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