I need help. my mother in law just filed an I 130 for my 16 year old sister in law. they came here in feb 2011 as tourist visas an overstayed. my step mom got her lpr from my wife in august. in september my mother in law applied to for an I130. we got a letter today saying that the I130 was approved but since she is here is in the US, she cant adjust her status and her application was sent to NVC. It states that approved applications are handled bu NVC and will be sent to the consulate. It was my understanding that once it is approved we will be given a priority date and we can apply for adjustment of a status . Is my understanding. if so any advice in how to fix and proceed ...
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I 130 approved but unable to adjust help
- Thread starter asj2346
- Start date
It is NOT a hopeless situation
Your MIL was able to adjust because she was an immediate relative (IR) of a USC and had originally made a lawful entry. The 16 y/o is not an IR, she is a preference family-based intending immigrant (F2A) and as such can ONLY apply when F2A is "current" on the visa bulletin. The I-130 filing date is the Priority Date (PD).
An F2A (or any other preference immigrant) MUST maintain non-immigrant status in order to file for adjustment. She is an out of status overstay and CANNOT adjust status.
She is also a minor and CANNOT build up any "unlawful presence" until she reaches age 18 years of age. Her "unlawful presence" starts to accumulate on her 18th birthday. She MUST depart the U.S. before accumulating 180 days of unlawful presence AFTER her 18th birthday in order to avoid being subject to the 3 year bar to re-entry for "unlawful presence".
Considering her age and the 2 to 3 years waiting from PD to "current" visa availability, she may have to go abroad and wait a short time and then apply for an immigrant visa through Consular Processing. It is possible she might become eligible and be able to go abroad and immediately apply when the PD becomes current. Nobody can predict the future that precisely.
See a good immigration attorney and time things right in order to avoid disaster. Subscribe to the visa bulletin for e-mail updates monthly to more easily track the priority date progression.
They entered TOO LATE to be grandfathered for 245(i) and it was not required for the MIL.
Your MIL was able to adjust because she was an immediate relative (IR) of a USC and had originally made a lawful entry. The 16 y/o is not an IR, she is a preference family-based intending immigrant (F2A) and as such can ONLY apply when F2A is "current" on the visa bulletin. The I-130 filing date is the Priority Date (PD).
An F2A (or any other preference immigrant) MUST maintain non-immigrant status in order to file for adjustment. She is an out of status overstay and CANNOT adjust status.
She is also a minor and CANNOT build up any "unlawful presence" until she reaches age 18 years of age. Her "unlawful presence" starts to accumulate on her 18th birthday. She MUST depart the U.S. before accumulating 180 days of unlawful presence AFTER her 18th birthday in order to avoid being subject to the 3 year bar to re-entry for "unlawful presence".
Considering her age and the 2 to 3 years waiting from PD to "current" visa availability, she may have to go abroad and wait a short time and then apply for an immigrant visa through Consular Processing. It is possible she might become eligible and be able to go abroad and immediately apply when the PD becomes current. Nobody can predict the future that precisely.
See a good immigration attorney and time things right in order to avoid disaster. Subscribe to the visa bulletin for e-mail updates monthly to more easily track the priority date progression.
They entered TOO LATE to be grandfathered for 245(i) and it was not required for the MIL.
Last edited by a moderator:
Jackolantern
Registered Users (C)
Because of her overstay and her mother not being a US citizen, your 16 year old sister-in-law is ineligible to stay in the US to adjust status, but she can still obtain a green card through the US consulate in her country, provided that she leaves the US before she is 18 years and 180 days old.
Since your MIL filed the I-130 this September, based on the visa bulletin movements for the family 2A category she (the 16-year-old) can expect to get a consular interview sometime in mid- to late 2014.
Since your MIL filed the I-130 this September, based on the visa bulletin movements for the family 2A category she (the 16-year-old) can expect to get a consular interview sometime in mid- to late 2014.