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Hi and thankyou to anyone who can answer my question as what i have researched can get confusing.
My father is a US Permanent Resident and in 2006 we filed I-130 (unmarried son or daughter (21 or older) of LPR) as me as the beneficiary. Time went on and i lived the next 10 years in my home country Australia. Long story short i contacted USCIS as i want to adjust my status to a Permanent Resident now and i got them to reissue the I-797 Approval.
For you to understand approval notice I-797 i will type what the first 4 paragraphs say:
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 USCIS office serving the area where the person for whom you are petitioning lives.
Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approval petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485, Application for Permanent Residence. Form I-485 may be obtained at the local USCIS office.
If the person for whom you are petitioning decides to apply for an immigrant visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State National Visa Centre (NVC).
I visited the states at the end of 2015 on the Visa Waiver Program and attended an appointment at the USCIS to see what they had to say. The officer told me i can adjust status using Forms I-485, I-765, I-131, I-864EZ along with other required documents and photos and Pay the required fees of $1070.00.
What I've been reading because i was on the Visa Waiver Program and he mightn't of realised my father was and Permanent Resident and not a Citizen, that i couldn't adjust using I-485.
My question is can i go back to the USA on a B1/B2 Visa thats valid for 5 years and if they stamp me 3 - 6 months can i adjust status using I-485?
Also if the process of I-485 looks like it will extend my i-94 issuance can i extend my stay without leaving the USA while my I-485 is in process?
The officer told me if i adjust my status is could take up to 5 months to receive my Greencard.
Also my priority date is October 27, 2006 so more than ready to go ahead. I think the bulletin says its up to 2010 or 2011 now.
Thank you to anyone that can help me with my Adjust of Status issue.
Much Appreciated
Kris
My father is a US Permanent Resident and in 2006 we filed I-130 (unmarried son or daughter (21 or older) of LPR) as me as the beneficiary. Time went on and i lived the next 10 years in my home country Australia. Long story short i contacted USCIS as i want to adjust my status to a Permanent Resident now and i got them to reissue the I-797 Approval.
For you to understand approval notice I-797 i will type what the first 4 paragraphs say:
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 USCIS office serving the area where the person for whom you are petitioning lives.
Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approval petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485, Application for Permanent Residence. Form I-485 may be obtained at the local USCIS office.
If the person for whom you are petitioning decides to apply for an immigrant visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State National Visa Centre (NVC).
I visited the states at the end of 2015 on the Visa Waiver Program and attended an appointment at the USCIS to see what they had to say. The officer told me i can adjust status using Forms I-485, I-765, I-131, I-864EZ along with other required documents and photos and Pay the required fees of $1070.00.
What I've been reading because i was on the Visa Waiver Program and he mightn't of realised my father was and Permanent Resident and not a Citizen, that i couldn't adjust using I-485.
My question is can i go back to the USA on a B1/B2 Visa thats valid for 5 years and if they stamp me 3 - 6 months can i adjust status using I-485?
Also if the process of I-485 looks like it will extend my i-94 issuance can i extend my stay without leaving the USA while my I-485 is in process?
The officer told me if i adjust my status is could take up to 5 months to receive my Greencard.
Also my priority date is October 27, 2006 so more than ready to go ahead. I think the bulletin says its up to 2010 or 2011 now.
Thank you to anyone that can help me with my Adjust of Status issue.
Much Appreciated
Kris
