How do I apply for adjustment of status with an approved I-130?

If the priority date is current for the sibling petition, an adjustment can be filed. If not, your USC son can file a new I-130 for you and you concurrently file the I-485, assuming you meet all other requirements, of course.

If you sister is the petitioner, you must wait at least 12+ years until your number comes up. Meanwhile, it appears your child has or will age out.

If the priority date is current (FB-4 category on the State Department''s Visa Bulletin), and you and your son are in the U.S. in a legal status, then you can just file separate I-485 packets for each of you. On the I-130 approval notice you will see the priority date. Use that date and check the Visa Bulletin to see if that date is now current in the FB-4 category. Your son would be considered a derivative if he was under 21 when your sister filed and he is unmarried.

An adjustment of status can be submitted if you are in the United States physically, in a lawful status, and the priority date related to your sister''s petition is current. Separately, your son can file a concurrent application for adjustment of status with a new I-130 petition. As that will be an "immediate relative" petition, you are able to adjust status even if you have overstayed your visa under certain circumstances.

Thank you for your question. Your son will have to file a separate I-130 petition for you to be able to apply for adjustment of status unless your sister filed her petition prior to 2006, and you''ve been maintaining lawful status in the U.S. since the time of entry; in which case you can use your sister''s petition to adjust.

If you were inspected and admitted to the U.S., your USC son can petition for you. He must file an I-130 to do so.