HELP Please - Parent I130 approved but AOS ineligible

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vision2001

Registered Users (C)
PLEASE Help - I130 approved but ineligible for Adjustment for my dad

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This is GC Case for my Dad ( I am a citizen since 2008):
- Filed I130 & I485 together in June 3, 2009
- Interview for I485 done - officer said that waitig for I130 to approve and will approve after that - nothing difficult in interview
- Never overstayed but kept within tight 6 months schedule as per I94 dates. Once at the port the officer told my dad as to why he is keeping so tight dates i.e. just before I94 expiry.My dad said he wants to spend all time with his grandkids (he is 72) but he was surely rude.

Anyway now for I130 I got this message (in the I797C notice of action letter) -

"The above peition has been approved. The petition indicates that the person you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file adjustment of status application. This determination is based on the information submitted with the petition and any relating files. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status then he or she should contact local USCIS office for more information.

Because the person for whom you are petitioning is not able to adjust, we have sent the approved petition to NVC, 32 Rochester Avenue, Prtsmouth.... NVC processes all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

Blah Blah Blah...."


I am confused, angry and directionless - can someone PLEASE PLEASE PLEASE help me answer my thoughts

-- Is my dads 485 denied
-- if no then did it go for CP to India - if yes then does he go back to india till AOS approves and will it mean that he lost intent to immigrate on the current I485 application filed concurrently with I130
-- what happens to the current I485 application filed consurrently with I130

THANKS in advance for your insight


<Note I posted this post in another thread by mistake but I intend it to be here so that other can learn/respond of my situation>

Last 8years coming to US from India never overstayed
Last entry April 28 2009
Filed I130 & I485concurrently June 3 2009
FP done in July 27 2009
Interview for 485 - Aug 12 2009 - Officer left I485 pending because of I130 pending
August 24 -2009 I130 letter received with this problem as state above
 
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Please help me in my case

Is there anyone who is in my situation or I am blessed with this unique situation:confused::confused::confused:

Thanks for your help in advance
 
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vision2001 said:
Is there anyone who is in my situation or I am blessed with this unique situation:confused::confused::confused:

Thanks for your help in advance
Click to expand...


What is the problem with your dad's AOS? :confused: As far a I reading your intial post, I see no reason why USCIS is denying him a GC. He didn't travel while the GC applicantion was pending, did he?:rolleyes: Since he's 72, then I suspect they might think he will be a burden on the society, even though you will be responsible financially for him well-being. I am out of gas on what could be the issue here...:(
 
Thanks I will go for the earliest infopass ie.e Sept1 but

The one reason that i have been able to surf on the web and I may be cooking this up due to this screwed up situation and that is that may be he landed on 28th April and we filed on 3'rd June so the USCIS may say he came with an immigration intent on B1/B2. Yeah that freakin frakin 90 day rule:mad::mad::mad:

Any reason that I can give to USCIS for this if it turns up?????

I mean i can see no sane reason otherwise unless someone tells on the post.
 
INFOPASS Update - Please help me understand

Went for the inforpass as per the case for I130 approved byt AOS ineligible and here it went:

Me: I came to inquire about this AOS ineligible
USCIS Officer: This case is approved. Why are you worried? this AOS ineligible is nothing ignore it.
Me: I am concerned that if my dad has to go back I will have to go back with him as he is old and no one is there in India to take care of him and this could mean I drop my job here in US in the current economic climate which is very hard for me finacnially.
USCIS Officer: He need to leave this country only when I485 decision is taken and it is not approved.
Me: In my last Interview I got this hand delivered notice that I485 is waiting for this I130. Now this I130 approved but AOS denied. What is the impact. Can I do anything to make myself AOS eligible.
USCIS Officer:You need not worry. I have told you enough so relax as there is nothing to worry about.
Me: But what if you say I485 denied because of AOS ineligible in I130
USCIS Officer: That is a hypothetical question which I cannot answer. I can ask my supervisor if he can give me an appointment.
*** Goes and comes back with an answer that I have to wait for 90 days for an answer for I485. Also same blah blah of no need to worry****


Me: I am tensed and in a sticky situation. Can you please tell me if my father could stay on in US or go back to India for CP.
USCIS officer: He can stay till the time of I485 answer. Do not worry everthing will be fine. I had the same experience with my parents. So you are being too much apprehensive and tensed. Go home and wait!! << She smiles and give me a tired look>> OK DAD I am talking to you and not your son from now on. Sir you can stay on as long as the I485 is not resolved. Forget the I130 as it is approved. AOS mention does not matter. I think very soon you will get approved! bye

Told us we are done and go away and Ignore AOS ineligible mention on I130!!

Now I just do not know what this means!! I mean why the F**K would you mention AOS ineligible if that has no meaning on a notice :mad::mad:

Any comments anyone!!!!

Thanks in advance for sharing my pain!!
 
Dude,

If the IO cannot calm you down, behind the might of USCIS, who else can? You need to calm down and wait for USCIS to make a determination. When I-485 is pending, your dad is in the country without any problems, so just relax. If the IO told you this many times no need to worry, then who are we to calm yo down? :eek: I am not sure what sort of response you are looking for? Are you married? If not, get married soon, a wife tend to give perspective to a whole lot of issues which irrelevant to our day to day existence...:D
 
Thanks for the observation :o

My intent was not to look for a specific response but to understand this AOS ineligible thing. many times USCIS gives BS so I was just digging thinking saner minds will read this situation better than me!

Back to "Al Southner" - Thanks man for telling me that I need to move on as I cannot do anything about it but wait.:rolleyes::rolleyes:Yes I am tensed up as the prospect of him going for a CP just screws my setup here. Also I am married but looks like I have freaked out on this notice.

Looks like I have a lot of drinking to do tonight!!
 
vision2001 said:
Thanks for the observation :o

My intent was not to look for a specific response but to understand this AOS ineligible thing. many times USCIS gives BS so I was just digging thinking saner minds will read this situation better than me!

Back to "Al Southner" - Thanks man for telling me that I need to move on as I cannot do anything about it but wait.:rolleyes::rolleyes:Yes I am tensed up as the prospect of him going for a CP just screws my setup here. Also I am married but looks like I have freaked out on this notice.

Looks like I have a lot of drinking to do tonight!!
Click to expand...


No drinking is needed, just ask the wife for some rodeo time... You will be amazed as to how getting laid can calm nerves...:):)
 
Ok the update is that I have now received a letter from NVC asking for $70 for processing my father's case.

The NVC site says
"If you live in the U.S., you may be eligible for adjustment of status as a permanent resident. When your case becomes current, the NVC will send you a letter informing you that you may be eligible for adjustment of status and asking you if you will adjust or apply at a U.S. consular section abroad. If you inform the NVC that you will adjust status, the NVC will update your case record accordingly and retain your file until a CIS office requests it to process your adjustment application. If the NVC does not get a reply after 30 days, the NVC will begin processing your case as if you have chosen to process at a consular office abroad.

The NVC is not involved in adjustment of status. You should contact the CIS office nearest you for information, forms, and adjustment of status updates. "


My dad is in US and has already applied for I485, the interview for this is over and the officer said that they are waiting for I130 based on a hand delivered letter given by the office to me during the interview. Now what do I do?? IS CP inevitable??

BTW The I130 letter says that it is approved with AOS pending and they have sent it to NVC for further processing as reported in the previous posts of this thread.


So please guru's what should I do now?????
 
vision2001 said:
So please guru's what should I do now?????
Click to expand...

Don't be greedy, don't seek FREE advises (which may be correct or wrong) and GO TO a GOOD LAWYER, who knows what he/she is doing. I'm not trying to be rude here, but spending $100 for consultation will save you bunch of nerves and you'll know FOR SURE what to do.
 
Vision, do you know why your dad is ineligible for adjustment of status? Did you fill your address as his current address on the form?
 
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