Should i file I-290b?

L

Ladysurvivor

New Member
In 2011 I was a LPR and i filed the I-130 for my daughter who was 20yrs old at the time and it was approved. In 2015 I became a US citizen and was told by immigration to submit paperwork to update her case file from the NVC. In 2016 the I-485 was filed as well as I-765, I-693, I-864 and she was sent for finger prints. Shortly after her I-485 was denied because they said a visa number was not available for her. I was advised on the letter to file I-120b so i need to know if I should take the chance or just file all over again.
 
Why do you think it was denied incorrectly? Over-21 unmarried children of US citizens is F1 category which is currently (Feb 2017) at Feb 2010 for Final Action Dates and Jan 2011 for Dates for Filing (for people born in most countries; it's much further back for people born in Mexico or the Philippines). (You could "opt-out" of upgrading to F1 and go back to F2B, but even F2B is only a teeny bit ahead of F1.) Which month did she file I-485 in? Why do you think she should be able to adjust status?
 
Based on what I was told by an immigration officer she is an unmarried child of a US citizen and that qualifies her to adjust status.
Her I-485 was filed in October 2016
 
The AOS date for October 2016 for F1 category is (assuming she was not born in Mexico or the Philippines) Jan 1, 2011. You said her petition was filed in 2011, which must have been after that.
 
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