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Hi,
My mom (Permanent resident of US) filed I-130 (Section: Unmarried child 21/older) for me in 2008. My mom received I-797 (notice of action) in Jan, 2010. It has the priority date Feb, 2008. The notice says:
“The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the US and will apply for Adjustment of Status. The evidence indicates that he or she is not eligible to file an Adjustment of Status application. This determination is based on the information submitted with the petition and any related files. If the person for whom you are petitioning believes that he or she is eligible for Adjustment of Status, then he or she should contact the local USCIS for more information.
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 …. . NVC will then forward the approved petition to the consulate. …..
This completes all USCIS action on this petition. …..
NVC will communicate with the person for whom you are petitioning concerning further immigration visa processing steps.”
Now my concerns are below:
1. On the NVC website the priority date has been current from Dec, 14, but I have not received any letter from them. My address is in the US. Is it the reason they are not sending any letter?
2. On I-797 notice it says I cannot apply for Adjustment of Status (AOS). Does it mean that I was not eligible to apply for AOS at that time? Now my priority date is current and I am in the US (with F1 visa). Can I now apply for AOS?
3. If I can apply for AOS, do I need to notify NVC? And, how do I notify them?
4. If I cannot apply for AOS though I am in US, what should be the next step?
Could someone please help me? Thank you so much for your time.
My mom (Permanent resident of US) filed I-130 (Section: Unmarried child 21/older) for me in 2008. My mom received I-797 (notice of action) in Jan, 2010. It has the priority date Feb, 2008. The notice says:
“The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the US and will apply for Adjustment of Status. The evidence indicates that he or she is not eligible to file an Adjustment of Status application. This determination is based on the information submitted with the petition and any related files. If the person for whom you are petitioning believes that he or she is eligible for Adjustment of Status, then he or she should contact the local USCIS for more information.
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 …. . NVC will then forward the approved petition to the consulate. …..
This completes all USCIS action on this petition. …..
NVC will communicate with the person for whom you are petitioning concerning further immigration visa processing steps.”
Now my concerns are below:
1. On the NVC website the priority date has been current from Dec, 14, but I have not received any letter from them. My address is in the US. Is it the reason they are not sending any letter?
2. On I-797 notice it says I cannot apply for Adjustment of Status (AOS). Does it mean that I was not eligible to apply for AOS at that time? Now my priority date is current and I am in the US (with F1 visa). Can I now apply for AOS?
3. If I can apply for AOS, do I need to notify NVC? And, how do I notify them?
4. If I cannot apply for AOS though I am in US, what should be the next step?
Could someone please help me? Thank you so much for your time.
