LPR sponsors unmarried child under 21, got I130 approval notice says child is not eligible for AOS ?

L

lnphan

Registered Users (C)
Hello,

I'm stumped with my approval notice.

My sister came to the U.S. almost 2 years ago under F1 visa (international student).

My mother, who is an LPR, filed I-130 in April 2010 to petition for my sister under family-based category. My sister is 18 years old and currently attending high school. Her F1 visa status is still current and in good standing status.

We received the approval notice for I-130 in October and here's the content:

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.

<there's more in the letter but too long and not relevant>

So I called uscis and the rep asked me questions in their "checklist" to determine my sister's eligibility, and they said she should be able to apply. However, they also stated that their answers were simply guidelines and not lawful advices.

I already checked the visa bulletin. The current priority date is Jun 1st. My sister's priority date is April 5th. So she should be able to get a visa.

What should I do? How can I find out what made her "ineligible" to file AOS? How do I fix this?

Thanks so much for all your help.
 
The decision notice is based on the information in the file. What information was included when it was filed? Was she on an F-1 visa at that time? Was she in some other status when it was filed? Is her I-20 current? What does the SEVIS computer system say? She can find out at school from her DSO on campus. It may be a matter of a clerical error at school.

Based on the priority date of April 5, 2010, and the Nov Visa Bulletin, F2A is current. What was the date of the I-130 approval? The priority date on the Oct visa bulletin was April 1, 2010.
 
I can't remember what info was included at the time I-130 was filed... I'm not sure I included a copy of her I-20 (if it wasn't stated in the application that an I-20 is needed, then I didn't. But if the application required it then I did).
She has been on F-1 visa in the past 2 years. I just talked to her headmaster at the school and she told me my sister is still in good F-1 status (she logged into her SEVIS account/system or something like that).
Her I-20 is current. On the school side, it's OK.

It's very possible that when the approval notice was sent out in Oct. (said the notice date was Oct. 7), the cutt-off priority date was April 1st, and my sister priority date is April 5th, hence the ineligibility. I really hope that this is the case...
 
Don't pay attention to that letter saying "not eligible for AOS". They automatically give that to almost everybody who is not an immediate relative of USC, without careful evaluation of the latest facts.

However, in this case the letter was telling the truth at the time it was printed, because the approval was in October, at which time her PD was not current.

But now in November her PD is current and she can apply for AOS, although AOS at this time would be inadvisable for other reasons if her last entry to the US was recent ... when did she last enter?

Did she mention that she had an LPR mother in the US when she applied for the F1? Or was her mother not yet an LPR back then?
 
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She never left the US after entering 2 years ago (too risky). When she obtained F1 visa, mother wasn't an LPR. We made sure my sister entered the US under F1 visa before sponsoring her mother to the U.S.
 
So now that PD is current, should I just file I-485 for her? Or do I need to wait for some other notification letting us know that now she can file for I-485?
Does the gov. expect people to just check the visa bulletin on their own and decide when to file what?

Thanks!
 
For people within the US who are eligible for I-485, they don't notify you when the PD is current. They expect you to watch the visa bulletin and know when to file.

Go ahead and file her I-485 and associated paperwork (I-765, I-693 medical, etc.). Actually she would be filing and signing her own I-485, since she is 18.
 
Don't wait for any further notice, there won't be any. It's up to her to file her I-485 when it is current. She should do it ASAP, retrogression is highly unlikely but it has happened in the past.
 
She can't file it this weekend if she hasn't been to the designated civil surgeon for the two medical appointments for the I-693.
 
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