I-130 and Visitor Visa Snafu?

[RhamsisKK]

Hanna, is in the US on a visitor's visa. She checks with USCIS and is told her I-130 filed by her brother several years ago has been approved and she can go ahead and adjust her status and stay. She does not do that. Hanna has a few odds and ends to tie back home so she goes back home and then comes back to the US a few moths after. She goes to a lawyer to adjust status and the lawyer tells her she would have to go back to her country, and the process to adjust status would probably take her three more years.

Is this lawyer's assertion correct based upon these facts? It doesn't seem to make sense. What am I missing here?

Thank you for your response.

[peace999]

I-130 approval is one thing and visa number arrival is another.

I -130 is approved in a short time after filing by her brother based on actual facts that he is actually a US citizen and henna is really his sis.

Visa number arrival means her long wait of several years in line is over. And she can either adjust status in US or get an immigrant visa abroad based on that I-130.


What I can conjecture from the lawyer's assessment probably is that her wait in line is still NOT over and her visa number has not arrived.


TO CHECK, HENNA SHOULD LOOK AT THE RECEIPT OF I-130 approval received by her bro several years ago. And to look at the priority date on it.

and check against the current VISA BULLETIN on http://www.immihelp.com/visa-bulletin/ under family category F4.

Usually visa office also informs you abroad when your visa number arrives.

[RhamsisKK]

Time limit to apply after Priority Date becomes current?

Thanks peace999.
After the priority date becomes current, is there a time limit for a family category F4 to apply to adjust status?

[peace999]

when the bro filed an I-130 , he must have specified in that app the visa office( US embassy/consulate) abroad where the application would go when the priority date becomes
current. Because adjusting status was not an option at that time.
You should track that. The visa office must have informed henna at her address abroad of her visa number arriving and asking to come for an interview within a time limit.


BTW, is her date current ? have u checked?