Legal Question in Immigration Law in Colorado

Hey, I'm in the US with student visa and my wife is a green card holder so she petition me to adjust my status on July 2014 and we got approved notice on December 2015 and they sent it ti NVC. So, yesterday i received an email from the NVC that they are working on my immigrant visa to complete it and schedule my visa interview and then they will send it to the embassy that is in my country. So, now do have to go back or can i just adjust my status while I'm here with vaild visa


Asked on 8/05/15, 9:22 pm

2 Answers from Attorneys
Philip Eichorn Hammond Law Group

Sounds like you mistakenly indicated on the I130 that you wanted to consular process and not adjust status. We've been successful in correcting the situation sometimes as easily as filing the I485 but sometimes we've had to have extensive dialogue with USCIS about it.

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Answered on 8/06/15, 5:10 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you are still in status, & have been since your last entry, & your priority date is current, then you can adjust. Contact the NVC to let them know, & file your adjustment package with USCIS. You may want to seek legal representation with this one. If not, just be careful to file everything completely & correctly.

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Answered on 8/06/15, 1:08 pm


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