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Priority date is current but no "visa petition notice" I-797 sent

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  • Priority date is current but no "visa petition notice" I-797 sent

    Hello I am in need of some help. So I found out that my priority date is current. The last contact I have from the Department of Homeland Security is an

    I-797C Notice of Action
    Case Type: I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE, OR ORPHAN
    Notice Date: June 15, 2005
    Priority Date: November 21, 2002
    Notice Type: Approval Notice - Section: Unmarried child 21/older of permanent resident, 203(a)(2)(B) INA

    First paragraph on the notice:

    "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."

    So now I find my priority date is current, I'm from El Salvador. I went to a USCIS office to ask for more information because I have not received any notice since the above. My mother and brothers (we all applied same time but I was the one over 21) all received an I-797 Notice of Action (no C after the 797) that says in first paragraph:

    "The above petition has been approved. We have sent the original visa petition to the Department of State National Visa Center (NVC), 32 Rochester Avenue, Portsmouth, NH 03801-2909. NVC processes all approved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate."

    I have NOT received this notice. However at USCIS office they told me nothing would be sent if I was here in the US which didn't make sense because my mom and brother got that notice while here in the US. The lady just told me to apply for adjustment with the I485 form (even though I have no idea if my petion was sent to the NVC). She said a copy of the I-797C I currently have (and explained above) is enough to send with the I485.

    I am in the country legally under Temporary Protected Status (just like my mother and brother were).

    So I can go ahead and do the paper work but I'm really afraid that if I send the application along with the $1,010 they will tell me I'm not eligible yet and they WON'T refund my money!

    Please help!

  • #2
    Can anyone help me?

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    • #3
      If you are under F-3 or F-4 category, your Priority Date is NOT current.

      Comment


      • #4
        I believe I am F-1 category...

        Yes just checked I am F1 Unmarried sons and daughters (21 years of age or older) of U.S. citizens. and my priority date is November 21 2002

        Thank you so much for your reply!
        Last edited by vandiced; 08-31-2010, 01:28 PM.

        Comment


        • #5
          Originally posted by vandiced View Post
          I believe I am F-1 category...

          Yes just checked I am F1 Unmarried sons and daughters (21 years of age or older) of U.S. citizens. and my priority date is November 21 2002

          Thank you so much for your reply!
          Were you under 21 when the petition was files? Are you covered under CSPA? Is/was your parent a USC when he/she applied for you.

          As I read from your post, LPR filing for unmarried child of 21 years or more of age. That makes you F-2B category.
          Last edited by daru786; 08-31-2010, 08:59 PM.

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          • #6
            My father became citizen after petition was submitted. I was already over 21 when petition first submitted. My priority date is November 21, 2002. I went to USCIS office and they told me to submit adjustment I-485. Since the date is now August 2005.

            I really don't know what all those things you mentioned are...(CSPA or LPR).

            When my dad became a US citizen I believe there was some paper work submitted to expedite the process. I have to check when I get home

            So tell me something are you saying that even if my priority date is current it still doesn't matter? I was told its passed that date already (passed Nov, 21 2002). Or are you saying that even though the current priority date is Aug 2005 that I'm still not current? I'm confused. Again at USCIS office they told me it is current and time to apply to for adjustment (and the reason I went to USCIS is because my lawyer told me to go find out what is going on because my prioirty date is current) ????

            Thank you.
            Last edited by vandiced; 08-31-2010, 09:16 PM.

            Comment


            • #7
              Also, can you help me understand this:

              http://www.immihelp.com/greencard/vi...-bulletin.html - it says right above the first chart "Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below."

              Even if I am F2B the date on there is 01JAN04 - my priority date is November 21, 2002.

              Thank you.

              Comment


              • #8
                Somewhere you mentioned the current priority date of 2005 and I thought that was your PD, my apologies. Question for you, what was your legal status in US before you got TPS?
                You need to get a few forms, and I believe the fee is $1010.00 and go ahead and apply for AOS. It should anywhere from 4 to 6 months after you file to secure you GC.
                Good Luck!

                Comment

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