I-130 approved but NOA says the petitioner is not eligible to apply for the adjustment of status

sarwarmd

Registered Users (C)
Hi,
Today we have received the approved I-130 notice for 17 year old daughter. But the NOA message is concerning.
I want to apologise this kind threads should be existing but every case likely to be different. I am forced to post this thread.

Here is the mesage in I-130 approval notice which we have received today.

'The above petition has been aporoved. The petition indicates that the person for whom you are petitioning is in the United states and will apply for adjustment of status. The information submitted with this petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.

Additional information about eligibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.
'

I am giving background on our applications.
It is the same I-130 is approved once on 01/06/2012 when my wife was a permanent resident. It is the same notice now approved second time once my wife becoming US citizen.

This is for our 17 year old daughter. Initially, we applied for all of our I-485s thru my employment based Green card in 2004.
In 2007, my greencard and my wife greencard are approved but both of our daughters I-485 are struck and remained pending until now. My wife became a US citzen on 11/01/2012. Recently, we have had I-130 converted from child of permanent resident to child of US citizen. Today we have received newly approved I-130 and which has the above message.
What could be the reason for above message for not eligible to apply for adjustment of status when our daughter is already having a pending I-485! Can you please share opinion on this! We are deeply concerned about the above message.

Actually, we have been waiting for I-485 adjudications from TSC now.

Thanks for your time.
 

ananga73

Registered Users (C)
Get a lawyer. We do not have enough details of your case to conjecture why they indicated your kids could not adjust status. There could be 1001 different reasons. Guessing will not help.

Reviewing your posting history indicates you have had complications with this case from the get go. There comes a time when it is incumbent upon us to pay money to get specific advise and help. I think this is one of those times.

This is of the utmost importance, get a lawyer!!

Alternatively the answer is right there for you. Additional information about eligibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.
Do an infopass appointment.

Hi,
Today we have received the approved I-130 notice for 17 year old daughter. But the NOA message is concerning.
I want to apologise this kind threads should be existing but every case likely to be different. I am forced to post this thread.

.......
Thanks for your time.
 
Last edited by a moderator:

TheRealCanadian

Volunteer Moderator
I wouldn't consider the approval notice to be authoritative in any way. More than likely the message was generated because the FB2 date isn't current yet, and doesn't recognize that it's an IR petition. File the I-485.
 

sarwarmd

Registered Users (C)
I wouldn't consider the approval notice to be authoritative in any way. More than likely the message was generated because the FB2 date isn't current yet, and doesn't recognize that it's an IR petition. File the I-485.

TheRealCanadian,
It is a privilege to have your response! I was thinking in the same lines that message is generated due to old categoryof FB2.

Actually our daughter has pending I-485 already. Pending I-485 is based on employment. The I-130 petitioner, my wife and I both have applied for transfer of section from employment base to family based I-130.
it is a coincidence that the same pending I-485 is now i.e. on 12/18/2012 being transferred from TSC to DO Office Baltimore. Lots of things are happening at the same time. I understand that this is going to lead some confusion...
 

sarwarmd

Registered Users (C)
Get a lawyer. We do not have enough details of your case to conjecture why they indicated your kids could not adjust status. There could be 1001 different reasons. Guessing will not help.

Reviewing your posting history indicates you have had complications with this case from the get go. There comes a time when it is incumbent upon us to pay money to get specific advise and help. I think this is one of those times.

This is of the utmost importance, get a lawyer!!

Alternatively the answer is right there for you. Additional information about eligibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.
Do an infopass appointment.

Ananga73,
Thank you. I am keeping my fingers crossed.
 

Jackolantern

Registered Users (C)
Notice what the sentence says:
The information submitted with this petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.

It is true that she's not eligible for AOS based on what was submitted with the petition. But she's eligible for AOS based on other facts (the petitioner's naturalization) that developed after the petition was submitted.

Do not pay much attention to those "not eligible for AOS" notices. They are not based on looking at the complete and current picture of the case, and are often wrong.
 
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