I-797 Notice of Action

[PeterFord]

Hi,

My sister "a U.S citizen" submitted I-130 petition a year ago form me. However, I have got the approval on the petition through I-797 Notice of Action. Anyway, she didn't mention in the petition that I'm in U.S, but they wrote in I-797 the following:

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. He or she should contact the local USCIS office to obtain form I-485 Application for permanent residence. A copy of this notice should be submitted with the application.
If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application of Petition, with this office to request that we send the petition to the Department of State national Visa Center (NVC).

My question is: what that mean and what should I do right now?

PS: Receipt Date: October 8 2009
Notice Date: September 23, 2010

I have been to U.S several times and I'm still holding a valid B1/B2 Visa

[daru786]

Hi,

My sister "a U.S citizen" submitted I-130 petition a year ago form me. However, I have got the approval on the petition through I-797 Notice of Action. Anyway, she didn't mention in the petition that I'm in U.S, but they wrote in I-797 the following:

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. He or she should contact the local USCIS office to obtain form I-485 Application for permanent residence. A copy of this notice should be submitted with the application.
If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application of Petition, with this office to request that we send the petition to the Department of State national Visa Center (NVC).

My question is: what that mean and what should I do right now?

PS: Receipt Date: October 8 2009
Notice Date: September 23, 2010

I have been to U.S several times and I'm still holding a valid B1/B2 Visa

It simply means that your petition was approved. Now you will have to wait till your Priority Date becomes current which is currently taking 9.5 years from the date of application. You may loose your B1/B2 visa since there is an immigration petition filed on behalf of you. Make sure to disclose it each time you enter US or apply of a visa.

[PeterFord]

It simply means that your petition was approved. Now you will have to wait till your Priority Date becomes current which is currently taking 9.5 years from the date of application. You may loose your B1/B2 visa since there is an immigration petition filed on behalf of you. Make sure to disclose it each time you enter US or apply of a visa.

Thanks a lot for your reply, anyway, what should I disclose?
On the other hand, Can't I simply go to U.S now and apply for adjustment of status through I-485?
I read that I can apply for a work permit and advanced travel parole along with the I-485, can I do that as well?

[daru786]

Thanks a lot for your reply, anyway, what should I disclose?
On the other hand, Can't I simply go to U.S now and apply for adjustment of status through I-485?
I read that I can apply for a work permit and advanced travel parole along with the I-485, can I do that as well?

Unfortunately you cannot, you will have to wait till a visa number is available to you. Please see the Visa Bulletin to get an idea about the processing of cases.
Cheers!