At I-485 Interview told that there is no approved I-130

K

kabeza

Registered Users (C)
My mother went for her interview yesterday. I'm a USC applying for GC for her. She was asked the standard questions including each trip she had to the US in the past.
She had overstayed her last entry but there's a law that specifically forgives that for a close relative of USC.
She was also asked why I was out of the country (I'm doing temporary work at a major international organization abroad) and why I was not there (the interview notice did not request my presence).
At the end, she was told that her case needs further review and it has to go back to NBC since there is no approved I-130.
My question is whether this is simply a case of waiting for the I-130 to be approved or this is a signal that there are some problems with the application.

Timeline:
4/26/2011 - Filed I485, I-130, I-765
5/2/2011 - NOA received
5/10/2011 - RFE received
5/14/2011 - Fingerprinting
6/7/2011 - EAD sent
6/10/2011 - Interview notice sent
7/12/2011 - Interview date
 
How long did she overstay by? We are talking about overstaying her current I-94 or overstaying her I-94 on the trip before the current one?

kabeza said:
She had overstayed her last entry but there's a law that specifically forgives that for a close relative of USC.
Click to expand...


Your signature indicates that your mother filed an I-130/I-485 combo. If that is the case, then the I-130 should have been approved at the AOS interview. Did the adjudicator tell her that there is no approved I-130 or the submitted I-130 cannot be approved? I am guessign the latter. Your being out of the country on a work assignment may be used by USCIS as a reason not to approve the I-130.

kabeza said:
At the end, she was told that her case needs further review and it has to go back to NBC since there is no approved I-130.
Click to expand...
 
She overstayed by three years but the law specifically forgives that for an immediate relative of a USC.

The officer specifically told her that "there is no approved I-130" and that it is back at the national center.
 
My mother overstayed the last trip, of course. It would be nearly impossible to reenter on a tourist visa after overstaying it.

UPDATE:
I just got an email from the email notification system that her card has been sent to production. No official approval and no update on the I-130.
 
I was assuming that but your initial post was a tad confusing. Had you used "current entry", then there would have been no confusion.
Congrats by the way!!!

kabeza said:
My mother overstayed the last trip, of course. It would be nearly impossible to reenter on a tourist visa after overstaying it.

UPDATE:
I just got an email from the email notification system that her card has been sent to production. No official approval and no update on the I-130.
Click to expand...
 
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