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Eligible to Adjust, do I need to transfer from NVC to USCIS?

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  • Eligible to Adjust, do I need to transfer from NVC to USCIS?

    My question is, my case was sent in error to the national visa center but I qualify to apply in the U.S. because of the 245i law. Do I need to transfer the case to USCIS? Or can I just go ahead and file my adjustment application with the letter that says the petition my sister filled was approved?
    Thanks.
    Last edited by mariotorres778; 02-12-2014, 03:15 AM.

  • #2
    Originally posted by mariotorres778 View Post
    My question is, my case was sent in error to the national visa center but I qualify to apply in the U.S. because of the 245i law. Do I need to transfer the case to USCIS? Or can I just go ahead and file my adjustment application with the letter that says the petition my sister filled was approved?
    Thanks.
    First call NVC, tell them u wana file AOS and have them sent your case file to USCIS. I shouldnt take even a week and then file for AOS. but make sure your eligible for AOS before all that.

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    • #3
      If your relationship is "immediate relative" of the petitioner, and the petitioner is a U.S. citizen, you have immediate priority and can proceed with the Adjustment of Status submittal.

      If your relationship is subject to a quota wait, verify your Priority Date with the State Department bulletin. Don't submit your Adjustment package until your Priority Date is current.

      You should inform NVC that you are processing while in the U.S.

      --Ray B

      Originally posted by jas123 View Post
      First call NVC, tell them u wana file AOS and have them sent your case file to USCIS. I shouldnt take even a week and then file for AOS. but make sure your eligible for AOS before all that.

      Comment

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