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I485 AOS

New York, NY |
Filed under: Immigrant visas

Father while on GC filed I130 for me (son, over 21) in Aug 2003. I was in second category, but now father is a citizen, I notified NVC and upgraded my preference. Now my date is current according the latest bulletin. After i notified nvc, they sent a letter stating I need to file 485 with USCIS. Part 2 of 485 form option a., states that I am filing AOS because "An Immigrant petition giving me immediately available immigrant visa number that has been approved" .
Can anyone tell me where this number is?. Letter from NVC has a case number starts with ISL, is this it?.

Attorney Answers 2

Posted

No, the ISL number is just a number assigned your case by NVC for consular processing purposes.

The immigrant visa number isn't something you need to give them - or ever actually really know or need to know. It is a number USCIS will request from the State Department (which controls Immigrant Visa availability) if/when they decide to approve your I-485.

What you need to give USCIS is the I-130 petition approval notice (a copy) along with a copy of your father's naturalization certificate and an explanation - up front in big letters so they see it - that yours is now a Family 1st preference case because of your father's naturalization rather than a Family 2B case, and therefore a visa number is available.

HOWEVER: speak with a lawyer immediately and BEFORE you file an I-485. Even with an approved I-130 in a current category, an I-485 might not be approved. To be eligible, for one thing, you need to have been maintaining valid immigration status in the U.S. since entry (with very few exceptions). If you have not been maintaining valid status, you can only process abroad - and leaving might subject to to bars to reentry if you have been without status here for certain periods of time and have accrued unlawful presence.

Speak to a lawyer before doing anything!!!

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Posted

I will agree with my colleague. If you are in United States and overstayed on a valid visa or entered illegally, you might have a problem on the I-485 adjustment of status. Anyway, you cannot file adjustment of status outside the US. Therefore you need to talk to a good lawyer before you make any move.

Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
The Law Firm Deals in Immigration law, Bankruptcy & Debt Relief
http://peerallylaw.com

37600 Central Ct, Ste 201, Newark CA 94560
Phone: 510.742.5887
Email: info@peerallylaw.com

Note: The above answer is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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