Legal Question in Immigration Law in Minnesota

CASE TYPE

I-130 Petition For Alien Relative.

PRIORITY DATE

December 04, 2014.

NOTICE TYPE

Approval Notice.

Section: Unmarried child under 21 of permanent resident, 203 (a) (2) (A) INA

BENEFICIARY

On October 21, 2015 Unmarried child will be 20 Years old !

Reference I-797, Notice of Action, The above petition has been approved. The petition indicates that the person for whom I am 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 I am petitioning is not eligible to file an adjustment of status application at this time.

Went to INFOPASS (e-Ticket to Immigration Information) local office.

Senior Officer said it is Okay to submit I-485.

Should I do so accordingly?

What happens IF, the I-485 Submission is 'Rejected' due to non-compliance of Visa Bulletin as of now?

PRIORITY DATE is December 04, 2014. Processing now, August 02, 2013 !!!


Asked on 4/23/15, 1:03 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

Hire a lawyer. There's two steps to adjusting status. One is an approved visa petition that provides an immediately available visa. Taking the information at face value, it appears you have that. However, there may be issues with CSPA depending on when the action was filed and your age and the date the visa number came current. The second step is adjusting status. To adjust using a preference based visa such as yours, you must be in status or exempted by 245(i). So unless you're currently in status, you may not be able to use this visa petition to adjust. Back to the firs sentence. Hire a lawyer. Call us.

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Answered on 4/24/15, 11:50 am


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