convert from consular process to adjustment of status

[lufc1992uk]

Hi all,


I filed for i-130 without i-485 in December of 2015 and was approved for i-130 within 6 months, but on the receipt it says I'm not eligible for adjustment of status. I believe this was because the i-485 was not filed in conjunction with the i-130. I am travelling to USA in two weeks on a visa waiver and would like to adjust my status to allow me to remain in the U.S.

Is it possible to convert from consular process to adjustment of status process? If so, what specific forms are needed and do I need to set up an infopass appointment?

I have had no luck in the past with infopass, they have told me I have to go back to the U.K (country of origin) and wait years to get an interview, but upon research, I found this may not be the case.

My situation is my family all live in the usa, I previously used to but abandoned LPR status upon moving back, I am close to homelessness in uk but have my family to support me in the USA, so I need to be there and stay there.

If I file i-485 with my i-130 receipt and a letter explaining my circumstances, will it be automatically denied because of the non eligibility to adjust status?


Sorry for this post being all over the place, just really need the proper advice, I cannot wait years to get my greencard...

[newacct]

Hi all,


I filed for i-130 without i-485 in December of 2015 and was approved for i-130 within 6 months, but on the receipt it says I'm not eligible for adjustment of status. I believe this was because the i-485 was not filed in conjunction with the i-130. I am travelling to USA in two weeks on a visa waiver and would like to adjust my status to allow me to remain in the U.S.

Is it possible to convert from consular process to adjustment of status process? If so, what specific forms are needed and do I need to set up an infopass appointment?

I have had no luck in the past with infopass, they have told me I have to go back to the U.K (country of origin) and wait years to get an interview, but upon research, I found this may not be the case.

My situation is my family all live in the usa, I previously used to but abandoned LPR status upon moving back, I am close to homelessness in uk but have my family to support me in the USA, so I need to be there and stay there.

If I file i-485 with my i-130 receipt and a letter explaining my circumstances, will it be automatically denied because of the non eligibility to adjust status?


Sorry for this post being all over the place, just really need the proper advice, I cannot wait years to get my greencard...

Who is petitioning you? What is their status?

[lufc1992uk]

Who is petitioning you? What is their status?

My father is, he is a U.S citizen, I am 25 years old

[newacct]

My father is, he is a U.S citizen, I am 25 years old

You cannot do Adjustment of Status or Consular Processing until a visa number is available.

Unmarried over-21 child of a citizen is in the F1 category, which has a wait for visa numbers of 7 years (much longer for people born in Mexico or the Philippines). If you are married, you would be in the F3 category, which has a wait for visa numbers of more than 12 years (much longer for people born in Mexico or the Philippines).

That means you must wait approximately that many years after the I-130 is filed, before you can do either Adjustment of Status in the US (if you happen to be in the US and in status at that time) or Consular Processing abroad. An I-130 approval by itself doesn't allow you to proceed to the next step.

[lufc1992uk]

You cannot do Adjustment of Status or Consular Processing until a visa number is available.

Unmarried over-21 child of a citizen is in the F1 category, which has a wait for visa numbers of 7 years (much longer for people born in Mexico or the Philippines). If you are married, you would be in the F3 category, which has a wait for visa numbers of more than 12 years (much longer for people born in Mexico or the Philippines).

That means you must wait approximately that many years after the I-130 is filed, before you can do either Adjustment of Status in the US (if you happen to be in the US and in status at that time) or Consular Processing abroad. An I-130 approval by itself doesn't allow you to proceed to the next step.

Is there any visa available that will allow me to stay in the usa for 3 years+

there has to be something that would allow me to live with my family until a visa number becomes available...

[newacct]

Is there any visa available that will allow me to stay in the usa for 3 years+

there has to be something that would allow me to live with my family until a visa number becomes available...

No, there isn't.

You can try to find a company that will petition you for a work status that lasts several years, but that will be a long process still.