I-130 approval (I think) Out of blue

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Registered Users (C)
Out of blue I received the following first time in years, without any kind of activity on our part:
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CASE TYPE: I130 Immigrant petition for relative...
RECEIPT DATE: [month] 10, 2004
PRIORITY DATE: [month] 07, 2004 {funny thing is that priority date is earlier than receipt, I guess they moving backwards in time}
NOTICE DATE September 27, 2011
NOTICE TYPE: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA

The above petition has been approved. The petition indicates that the person for whom 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 for adjustment of status . The evidence indicates that he or she is not eligible to file an 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 belives that he or she is eligible for adjustment of status, then he or she should contact the local USCIS office for more information.


Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center (NVC), [address]. 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 consualte.

This completes all USCIS action on this petition. You should allow a minimum of 30 days for Department of State processing before contacting then NVC. If you have not received any correspondence from the NVC within 30 days, you may contact the NVC by e-mail at . You will need to enter the USCIS receipt number from this approval notice in the subject line. In order to receive information about your petition, you will need to include Petitioner's name and date of birth, and the Applicant's name and date of birth, in the body of the e-mail.

The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps.

The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status.

THIS FORM IS NOT A VISA NOR MAY IT BE USED IN PLACE OF VISA.

NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information, and records, contact by correspondence, the internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided and opportunity to address derogatory information before any formal proceeding is initiated.


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Quickly I have C1/D and I've got no idea what all this means. Is it a good news, bad news, or bad news in disguise. I don't have high hopes, the more I read it, the more it seems like all it is, is that I130 will let me go to my country to pick up visa and then they will ban me for 10 years for re-entry, great! There is no way I can stay in States, and complete everything without leaving, right?
One more thing why are they sending information about I130 again and why after so many years? They sent me an approval once (at the same time of denial of adjustment of status) although it was not on an official looking form as this one, it was just like half page piece of paper stating that I was approved for it, odd.
 
Out of blue I received the following first time in years, without any kind of activity on our part:
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CASE TYPE: I130 Immigrant petition for relative...
RECEIPT DATE: [month] 10, 2004
PRIORITY DATE: [month] 07, 2004 {funny thing is that priority date is earlier than receipt, I guess they moving backwards in time}
NOTICE DATE September 27, 2011
NOTICE TYPE: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA

The above petition has been approved. The petition indicates that the person for whom 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 for adjustment of status . The evidence indicates that he or she is not eligible to file an 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 belives that he or she is eligible for adjustment of status, then he or she should contact the local USCIS office for more information.


Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center (NVC), [address]. 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 consualte.

This completes all USCIS action on this petition. You should allow a minimum of 30 days for Department of State processing before contacting then NVC. If you have not received any correspondence from the NVC within 30 days, you may contact the NVC by e-mail at . You will need to enter the USCIS receipt number from this approval notice in the subject line. In order to receive information about your petition, you will need to include Petitioner's name and date of birth, and the Applicant's name and date of birth, in the body of the e-mail.

The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps.

The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status.

THIS FORM IS NOT A VISA NOR MAY IT BE USED IN PLACE OF VISA.

NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information, and records, contact by correspondence, the internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided and opportunity to address derogatory information before any formal proceeding is initiated.


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Quickly I have C1/D and I've got no idea what all this means. Is it a good news, bad news, or bad news in disguise. I don't have high hopes, the more I read it, the more it seems like all it is, is that I130 will let me go to my country to pick up visa and then they will ban me for 10 years for re-entry, great! There is no way I can stay in States, and complete everything without leaving, right?
One more thing why are they sending information about I130 again and why after so many years? They sent me an approval once (at the same time of denial of adjustment of status) although it was not on an official looking form as this one, it was just like half page piece of paper stating that I was approved for it, odd.[/QUOTE]

The type of visa which was used to enter the U.S. was for transit or as a crew member. These are specifically PROHIBITED from filing for adjustment of status. If the employment has continued and there has not been a period of unlawful presence of 180 days or more then departing the U.S. for Consular Processing would not bar re-entry. IF a re-entry bar would be a problem, a waiver is available but not easy to get. USCIS is in the process of re-working the processing for the I-601 waiver applications. One may soon be able to obtain a decision on the I-601 without having to depart first. A previously planned teleconference on this topic which was to have been on Oct 4th was postponed at the last moment.

This is a current topic of great debate and controversy. It would be worth reading anything coming along about it. There are some Q&As on the USCIS website about it and article in Immigration Daily by ILW.com (try some google searches). Talk to a lawyer before you depart or file anything.
 
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