View Full Version : adjustment of status
rana1982
29th May 2002, 02:54 AM
I have a family based petition (F4)with priority date
of October 1990. I am currently in US in a non immigrant status and I would like the
file to be tranferred to the local office and go for adjustment of status. What is the pocedure for doing this?
wxyz2001
29th May 2002, 02:54 AM
If a US citizen\'s parents are in US on BI visa, can the US CITIZEN FILE 130 & parents 485 together?
JohnR
29th May 2002, 02:54 AM
Depending on which country is your home country, your visa might be coming available soon. Check with the visa bulletin online: your sponsor (The person who filed the I-130) will receive forms including Affidavit of Support to return to the National Visa Center several months prior to the visa becoming available. Hopefully this person has not moved since the filing of the I-130.
If either you or your sponsor has moved, a notice of change of address must be sent to the NVC. Include a copy of the INS approval notice and a copy of any documentation received from the NVC. Hopefully you can maintain valid INS status between now and the finishing of the processing. If the NVC knows you are in the US, the I-130 will be sent to the nearest district office when the visa becomes available. You can file the I-485 when the visa becomes available. However, falling out of status or being in the US illegally could interfere with your desired adjustment.
JohnR
29th May 2002, 02:54 AM
assuming the US citizen\'s parents are in the US lawfully and are maintaining lawfull status, they may file I-130 and I-485 with the local district office, as per normal.
rana1982
29th May 2002, 02:54 AM
Thanks a lot JohnR. I was not aware of the procedure neither was my sponsor. My sponsor will be sending her change of address very soon. Should I hire a lawyer for getting the file tranferred to the local INS office for adjustment of status?
krp15
29th May 2002, 02:54 AM
I received my GC (EB) in 2000. I also have a pending I-130 petition from relative in 97. I have not received a notice asking me to apply for an I-485 again nor have I checked the dates since I have a GC(EB). Currently the dates for I-130 are 1/21/98. My concern now is since GC(EB) had restrictions due to the field of employment(ie: have to be in the sponsoring employer\'s field only and cannot change fields or have other flexibilities of family based GC),
1. can I file an I-485 for the I-130 application?
2. Since the priority date is \'97 and the current date is six months past has the I-130 application become defunct?
chenya
3rd October 2003, 06:32 PM
This is new to me. I though once you are waiting for the immigration petition such as family based petition, you can't come to US at all. Could your guys share what kind of non-immigrant visa you are able to get to come to US, once you are in US, what was your experience applying for adjustment of status.
I have filed 130 for my parents, they are in China now. I would be really happy if I can have them here soon on any kind of non-immigrant visa. Thanks,
-Angela