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Received Approval Notice for I130 but can't apply for adjustment of status...

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  • Guest's Avatar
    Guest replied
    Ezloc,

    if one of your parent becomes USC, your petition can be upgraded to F1. Curently cut-off date for that category is Apr01. So, your priority date may be current at that time (in 2-3 years).

    Still you will have the same problem of overstay, and would not be able to adjust within the US.

    You know the other options.

    Leave a comment:


  • ezloc
    replied
    Thank you Familybased...

    This forum community is very helpful indeed...

    Leave a comment:


  • familybased
    replied
    1. It will not help you
    2. your case will stay with the NVC till your priority become current. you can write a letter to inform the NVC that you are in the U.S. and will file AOS when the NVC initiates immigration process (about 9 years from now under F2B). Until you sort out your immigration violations, this is not your main concern.
    3. No, it will not expire.
    4. Yes, it will help you and is probably the only way to keep you stay in the U.S.
    5. Yes, your USC daugher can help you adjust status once she is 21. there is no wait time. She is the one who can keep you stay for sure.
    6. If you are the only income source to support your daughter, you would have a better chance to win the waiver, but again, it is the last and very risky move. You should use it only if you are under deportation process.

    You are mistaken about INS processing time. you need to use the visa bulletin posted by the department of state.
    http://travel.state.gov/visa/frvi/bu...etin_1360.html
    Good luck

    Leave a comment:


  • ezloc
    replied
    Thank you Familybased,

    Please refer to the above reply to Aneri regarding the two different priority dates. Wondering which is accurate...

    I left some personal information out in my first post..I tought it was not relevant. I apologize..

    I am not legally married (not registered) and have separated from my wife. I have a daughter, aged 14 who was born here in U.S.

    So, I guessed other than marrying a USC, I can wait for my daughter to reach the age of 21 to petition for me. And what are the chances on this?

    If my mom becomes a USC, am I allowed to apply for my adjustment (I485) here?

    Thank you all who answers...

    Leave a comment:


  • ezloc
    replied
    Thank you, Aneri..

    The priority date you mentioned is totally different from the one from USCIS.gov...Here is the link..https://egov.immigration.gov/cris/js...Center=Vermont

    It says February 19, 2002. By the way, I am from Malaysia.

    Here are some questions...

    1. If my mom become a citizen in 2 or 3 years time, does it makes any difference?

    2. When the National Visa Center send my petition back to my home country's U.S. consulate and they contact me for follow up processing, like finger-printing and background checks, if I do not respond, will my petition considered abandoned?

    3. Does this approval notice has any expiration from the day it was issued? Can I use it in future when certain condition changes? (245i)

    4. I f I marry a U.S. citizen with my current status (overstayed), am I allowed to make the I485 adjustment here without leaving the U.S.?

    Thank you in advance to all who answers.

    Leave a comment:


  • familybased
    replied
    Ezloc,
    I think that you should consider to leave the U.S. if you will use F-2B category. Currently there is no law that will allow you to adjust your status. Your best bet would be to fall in love and marry an USC or hopeing that Congress would pass some sort of immigration reform bill, but there are a lot of uncertainties. If either option would not become reality in a short term, the sooner to depart from the U.S., the better output would be.
    You priority date Nov 19, 2003. The current cut-off date is April, 1996. I am pretty sure you have to wait about another 10 years to become current under F-2B. I do not know your age, F-2B is definitely not a fast track to get legal residency.
    You could file a 601 waiver for the hardship to your LRP parent, but the approval chance is very slim for Adult son/LPR parent relationship. Besides, you have to leave to file a waiver in your native contry.
    It is a tough call, but you have to make a resaonable decision base upon your cicumstances.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Hi Ezloc,

    This is my undestanding of your situation. Your LPR parents filed I-130 for you, unmarried son/daughter over 21. You are in the F 2B category, subject to limited number of visas available per year. Person in F2B has to wait until his/her priority date becomes current. Only then one can adjust status ( look at Visa Bulletin : http://travel.state.gov/visa/frvi/bu...etin_2616.html ) or go through consular processing. At the moment, visas are available to the people in your category who have priority date April 96 or earlier!!.

    You are not considered immediate relative for immigration purposes (to whom the overstay is forgiven), and you cannot adjust within the US if you haven't been in legal status.

    I assume you were not in legal status when the I-130 petition was filed, thus the remark on the notice.

    Yes, once you leave the US, you'll trigger 10 year bar. There are vaiwers available to overcome the bar, but you have to doublecheck if that would apply in your situation (extreme hardship to LPR parents ?!).

    I am sure someone else will tell you about a very simple and often used solution to different immigration problems...

    Leave a comment:


  • ezloc
    replied
    Just received Approval Notice for I130 (Unmarried child 21 / older of permanent resident, 203 (a) (2) (B) INA). Notice stated that I am not eligible to file an adjustment of status application and have to return to my home country for visa processing because this petition was filed on November 19, 2003.

    I can't return to my home country for visa processing because I have overstayed here for more than 10 years and will not be allowed entry into U.S. for 10 years. (I assumed)

    Is there any other alternative ways to over come this problem? Thanks in advance.

    Leave a comment:


  • Received Approval Notice for I130 but can't apply for adjustment of status...

    Just received Approval Notice for I130 (Unmarried child 21 / older of permanent resident, 203 (a) (2) (B) INA). Notice stated that I am not eligible to file an adjustment of status application and have to return to my home country for visa processing because this petition was filed on November 19, 2003.

    I can't return to my home country for visa processing because I have overstayed here for more than 10 years and will not be allowed entry into U.S. for 10 years. (I assumed)

    Is there any other alternative ways to over come this problem? Thanks in advance.
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