One child approved, one not eligible huh?

[frando.]

Hello,

sorry if this has been covered before but i searched and could not find a concrete answer.

sorry if it is too much text.

I am a USC.

Mom and sisters came on a visitor visa and over stayed, Older sister filed for "deferred action" got approved (not married/under 21). the other is too young for deferred action.

I helped mom get her green card.

Mom now has filed a i130 for BOTH sisters and we received letters today.

Older sisters letter:

"The above petition (i-130) 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 evidence indicates that he or she is not eligible to file an adjustment of status applications.

This determination is based on the information submitted with the petition and any relating files.

Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center (NVC), NVC processes all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate. This completes all USCIS action on this petition. If you have any questions about visa issuance, please contact NVC directly. Please allow 90 days before contacting the National Visa center regarding your petition. The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps. "

Younger sisters letter is different and does not say she is not eligible to apply for adjustment of status.

1) should we go ahead and file a i485 for both sisters anyway?
2) should it be faster/possible for ME (citizen) to petition for my sisters?
3) is it possible sister got denied because she is under deferred action?


sorry for the long post, i would appreciate it if someone can point me in the right direction.

Thanks,

Francisco.

[rayb]

1. If one sister has been deemed ineligible for "Adjustment of Status," it is because her priority date is not available (over age 20?). If you go ahead and submit an Adjustment package anyway, it will be rejected and returned to you.
2. No, as a citizen, your petition for a sibling will still be at least 10 years waiting for an available visa slot (up to 23 years for some countries). Your mom should remain the petitioner, and as a Green Card petitioner, because a U.S. citizen petition of a chlid 21 or older takes longer than a Green Card petitioner.
3. From what you reported earlier, both petitions were approved, but your older sister was found ineligible to be Adjusted (because her priority date has several years to go before she is eligible).

--Ray B

Hello,

sorry if this has been covered before but i searched and could not find a concrete answer.

sorry if it is too much text.

I am a USC.

Mom and sisters came on a visitor visa and over stayed, Older sister filed for "deferred action" got approved (not married/under 21). the other is too young for deferred action.

I helped mom get her green card.

Mom now has filed a i130 for BOTH sisters and we received letters today.

Older sisters letter:

"The above petition (i-130) 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 evidence indicates that he or she is not eligible to file an adjustment of status applications.

This determination is based on the information submitted with the petition and any relating files.

Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center (NVC), NVC processes all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate. This completes all USCIS action on this petition. If you have any questions about visa issuance, please contact NVC directly. Please allow 90 days before contacting the National Visa center regarding your petition. The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps. "

Younger sisters letter is different and does not say she is not eligible to apply for adjustment of status.

1) should we go ahead and file a i485 for both sisters anyway?
2) should it be faster/possible for ME (citizen) to petition for my sisters?
3) is it possible sister got denied because she is under deferred action?


sorry for the long post, i would appreciate it if someone can point me in the right direction.

Thanks,

Francisco.