Question on termination of I-130 and adjustment of Status unde 245i

[Lorgie]

Hi everyone, I really hope anyone is able to help me. This is my case:
In 1992 my mother filed an I-130 petition on my behalf. Then this petition was sent to the National Visa center. My mother died and we did not pursue this visa petition. I was then informed that I qualify for 245i. I don't have copy of my I-130 approval and I sent a FOIA request in order to obtain a copy of this approval. USCIS found record that an I-130 approval exist,however that it was sent to NVC and provided instruction to contact NVC. I contacted the NVC, however they advise that this petition was terminated and destroyed. my question is; Do I still qualify for adjustment of status under 245i eventhough UCIS does not have this petition anymore and NVC destroyed it. PLEAE HELP ME. THANK YOU VERY MUCH.

[Rivde74]

Aos under 245i

I Hope you are all set by know. It is my understanding that 245i never expires. If you get a FOIA and you are able to get the case number from your first petition you can submit that evidence to USCIS with the new petition that you will be sending.

[JC777]

AOS under 245-I grandfathering

I?m also running into the same situation. How long it took to get response back from NVC in regards to the petition that your mom filed on your behalf???

[UScitizenFilingforspouse]

Hi everyone, I really hope anyone is able to help me. This is my case:
In 1992 my mother filed an I-130 petition on my behalf. Then this petition was sent to the National Visa center. My mother died and we did not pursue this visa petition. I was then informed that I qualify for 245i. I don't have copy of my I-130 approval and I sent a FOIA request in order to obtain a copy of this approval. USCIS found record that an I-130 approval exist,however that it was sent to NVC and provided instruction to contact NVC. I contacted the NVC, however they advise that this petition was terminated and destroyed. my question is; Do I still qualify for adjustment of status under 245i eventhough UCIS does not have this petition anymore and NVC destroyed it. PLEAE HELP ME. THANK YOU VERY MUCH.

Get your congress person involved. It sounds like USCIS is a-hole and so is the NVC. Contact your congress person. I guarantee you they will get that approval letter. What do they even mean "a I-130 approval exists but we sent it to NVC so you have to talk to NVC". That's nonsense. And NVC says they destroyed it. That's nonsense, too. Talk to your congress person. This is exactly their kind of thing.

Best of luck.

[azblk]

Hi everyone, I really hope anyone is able to help me. This is my case:
In 1992 my mother filed an I-130 petition on my behalf. Then this petition was sent to the National Visa center. My mother died and we did not pursue this visa petition. I was then informed that I qualify for 245i. I don't have copy of my I-130 approval and I sent a FOIA request in order to obtain a copy of this approval. USCIS found record that an I-130 approval exist,however that it was sent to NVC and provided instruction to contact NVC. I contacted the NVC, however they advise that this petition was terminated and destroyed. my question is; Do I still qualify for adjustment of status under 245i eventhough UCIS does not have this petition anymore and NVC destroyed it. PLEAE HELP ME. THANK YOU VERY MUCH.

You dont need a copy of your approved i-130. you just need to show that one was filed prior to that cut off date and that you were in the US on a certain date. The FOIA response should suffice.