I-130 approved but not eligible for Adjustment of Status

Asked 6 months ago - 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. Robert Kennedy O'Reilly

    Contributor Level 12

    4

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    Answered . 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. Stuart Jonas Reich

    Pro

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . 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.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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... more

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