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I-130 approved but not eligible for Adjustment of Status

Roselle, IL |

I am on green card, husband on H1b. I130 approved saying, the information submitted with petetion shows that the person for whom you are petetioning is not eligible to file an adjusment of status app. at this time.
they want me to apply for i485 again when he is eligible.
what is going on here?

Attorney Answers 3


  1. Best answer

    It is possible that your spouse needs to wait for his priority date to become current. This link will take to the Visa Bulletin page: http://travel.state.gov/content/visas/english/l... There, you should be able to determine if your priority date is current. You look for the country he is immigrating from, and his classification. If it is current, then you will receive notice from the National Visa Center to pay the processing fee. If it is not current, then you will be able to see when the people who are current had filed their I-130s. In some classifications, for example single children of LPR from Mexico have a priority date in 1993. That means that those children have waited from 1993 until now to take the next step in entering the U.S. I think that this is the likeliest scenario.


  2. Without examining the spousal eligibility in more detail by a trained immigration attorney it is impossible to offer you an opinion on the exact impediment to his adjustment of status that prevented to complete that process. Select an attorney of your choice and present all case documents for such necessary assessment.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  3. I agree with my colleague, Mr. Reilly. He has the approved petition, but no immigrant visa is yet available for a petition in this classification (Family 2A, spouse or minor child of permanent resident). See the link below for how the preference class/priority date system works.

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