Adjustment of status before an A number is available?

fruitybat

New Member
My I-130 petition was approved last year and I have FINALLY received something from the NVC, visa fee paid, just waiting on a "A" number to be available now I guess??? Could be a while I am the unmarried daughter of a US citizen and was wondering if I could apply for an adjustment of status with JUST a USCIS number or a LND number (both of which i have) and I am in the US legally on a tourist visa at the present.
 
No, you cannot apply for I-485 (adjustment of status) if priority dates are not current (in other term ‘if visa number is available’).

fruitybat said:
My I-130 petition was approved last year and I have FINALLY received something from the NVC, visa fee paid, just waiting on a "A" number to be available now I guess??? Could be a while I am the unmarried daughter of a US citizen and was wondering if I could apply for an adjustment of status with JUST a USCIS number or a LND number (both of which i have) and I am in the US legally on a tourist visa at the present.
 
Is my priorioty date the date when i first applied for my I-130? (may 2001) or when it was approved (last year). My father has lung cancer and was operated on in Dec and is there ANY way of expediating this process due to medical?
 
First of all, I am extremely sorry to hear about your father. I had to go through similar experience (mom) and I can understand your situation.

Regarding priority date: It will be set to I-130 RD (by service center)

Regarding expediting case: I am not sure about that. May be other members can shed some light on it from their experience.

fruitybat said:
Is my priorioty date the date when i first applied for my I-130? (may 2001) or when it was approved (last year). My father has lung cancer and was operated on in Dec and is there ANY way of expediating this process due to medical?
 
There is no such thing called expediting the process. I am sorry to hear all this.
You wont even file for advanced parole. What you can do is that take all the medicals of your father to the local congressmen and tell him the siutaion. They are the ones who can get something for you. As far as I know there is no such thing.

Good luck.
 
First, I am sorry to hear your father’s illness.
Your priority date is the date when USCIS received your I-130 application. Your approval notice should clearly state your priority date on I-797 form. If you are under F-1 category and have a priority date on May 2001, you should stick with your original plan by going through US consulate because it normally issues immigration visa faster than AOS. F-1 has stop moving on April 22, 2001 for a few months, unfortunately you have to wait your priority date earlier that visa cut-off date. At this stage, you need to make sure that you maintain a good standing immigration record since you are on B-1/2 tourist visa and communicate with the National Visa Center to pre-process your immigration application. The NVC normally starts to process an approved immigration case a year before your priority date becomes current. Once the NVC sends your immigration applications and financial support to the U.S. consulate, you just need to wait for your interview.

Here is consulate process:
1. Call the NVC immediately at 603-334-0700. You need to provide your USCIS receipt number on your I-797 approval notice. The NVC should already assign you a NVC case number that links to the U.S. consulate in your home country if USCIS has been forward your approval to them.
2. The NVC should send you DS3032 form and Affidavit of Support forms to your U.S. address as your request. You need to fill them out and send them back to the NVC process center.
3. Once the NVC finishes administrative review on your applications, your case will be forward to the U.S. consulate for immigration interview. Again, the U.S. consulate only schedules an interview after your priority date is current.

Use the link below as your guideline.
http://travel.state.gov/visa/immigrants/types/types_1309.html

If you have decided to use AOS, you need to call the NVC to hold your file. When the priority date is current, you can file I-485 for AOS. You can estimate your local process time from USCIS site after you file your I-485, but process times are various case by case.

https://egov.immigration.gov/cris/jsps/index.jsp


Good luck.
 
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