Pending I485 correct??

[theandrea]

Hello, my sister is a US CITIZEN and filed an I-130 for me in 2001. The Priority date is June 2001. We recently received the approval of the i130 and the NVC began the process for Ecuador with the NVC. However, I live here in the USA. Am I eligible to adjust my status? My i485 has been accepted and I am going for my biometrics appointment soon. However, I have been told by an immigration lawyer I consulted that it will not be approved because of the priority date? Is this true? I have been told different things and need this question cleared up. Please Help. Thank you!

[daru786]

Hello, my sister is a US CITIZEN and filed an I-130 for me in 2001. The Priority date is June 2001. We recently received the approval of the i130 and the NVC began the process for Ecuador with the NVC. However, I live here in the USA. Am I eligible to adjust my status? My i485 has been accepted and I am going for my biometrics appointment soon. However, I have been told by an immigration lawyer I consulted that it will not be approved because of the priority date? Is this true? I have been told different things and need this question cleared up. Please Help. Thank you!

What is your current legal status in US ?

[theandrea]

I entered the country legally but overstayed my visa.

[daru786]

I entered the country legally but overstayed my visa.

When exactly did your sister file your I-130? This is very very important in your case. If you are covered by 245i, you are in good shape and if not, forget your green card......

If your I-130 was filed ON or BEFORE April 30th, 2001 you will be eligible under section 245i and can adjust your status. Section 245i will protect your illegal stay in US and also forgive unauthorized employment.

If your application was filed AFTER April 30th, 2001 then unfortunately you DO NOT qualify to adjust your status.

One more thing, if you entered US by using a student visa and have "DS" stamped on your I-94, you may have a chance IF your I-130 was filed after April 30th, 2001.

If you entered US by through any other visa other than the student visa and leave the US, you will be subject to a 10 year ban.

Let me know if it makes any sense to you or you have any further questions.

Good Luck & God Bless!

[theandrea]

yes, the priority date on our letter is june 2001. However, we did send it in within the time frame of the i245, the lawyer we consulted said we should have requested a different priority date then, since it might have been a mistake or an error in their offices but we didn't know this then. I don't understand though why they accepted my application if I am not eligible. Do you think there is a chance that they would approve it in the appointment?

[daru786]

yes, the priority date on our letter is june 2001. However, we did send it in within the time frame of the i245, the lawyer we consulted said we should have requested a different priority date then, since it might have been a mistake or an error in their offices but we didn't know this then. I don't understand though why they accepted my application if I am not eligible. Do you think there is a chance that they would approve it in the appointment?

I am afraid not. You have to have the petition before the deadline to be eligible for the 245i benefits. Do you have any proofs showing that your COMPLETED application was filed before the deadline?
Secondly, did you enter US as a student?
Post your reply and also send me a private message stating that you did as there are too many threads and sometimes difficult to find.
God Bless!