i-797 and i485 filing question

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suzieq45

Registered Users (C)
hello,

i am so fortunate to have found this great forum and am appreciative of everyone who has provided help with immigration issues. with that being said, i will be filing for my i-485 very soon but have a few questions. perhaps, some of you might be able to assist me.

my mother (USC) filled an i-130 for me and my sister back in 2001, on October 7, 2004 an approval notice (i-797) was sent but was returned due to a change of address. we finally tracked down everything and i am now about to file.

on the notice of action, i am disturbed by the following paragraphs: "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 information submitted with the 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 INS office serving the area where the person for who you are petitioning lives.

Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this office. If the person for who you are petitioning becomes eligible to adjust based on this petition, he or she should submit a copy of this notice with Form i-485, Application for Permanent Residence...."
My sister currently holds a GC. I on the other had aged out and I was told my process for the i-130 would be longer. I should also mention, that I am not married.

My questions are

a) am i able to file for an i-485 and related forms?
b) what eligibility information would i need for adjustment of status?
c) am i royally screwed?


thank you!
 
suzieq45 said:
on the notice of action, i am disturbed by the following paragraphs: "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 information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.
Click to expand...
I don't know full detail of your story, but it looks to me that you WERE not eligible to AOS because your PD was not current when you got I-130 approved in 2004.


a) am i able to file for an i-485 and related forms?
b) what eligibility information would i need for adjustment of status?
Click to expand...
At this moment, you are eligible to I-485 IF you were born in the country which is NOT Mexico and Philippine, AND your I-130 was filed before April 2001.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3100.html

What is your current status ?
 
Last edited by a moderator:
thank you for your response. it seems that the filing date for the i-130 was on april 17, 2001.

there is a long history with my situation, it involves going for an interview back in 1996 and having been told that ALL my files were lost/misplaced, that i would have to reapply again. my passport was signed with the agent's name stating my i-485 was "pending". other situations delayed my family from filing the forms again promptly. after my mother became a USC, we tried again and i am now at this dilemma.
 
thank you both. i was able to confirm with USCIS that i am NOT out of status and should send my package right away.
 
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