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My I-130 was approved, but says I am not eligible to file Adjustment of Status. What should I do?

Brooklyn, NY |

Hello, I have a problem, and would love any help, or advice I can get.
My USC husband filed a I-130 for me on Oct 8,2010. I got my priority date Oct. 6, 2010. We finally got an approval letter today saying that it has been approved, but I am not eligible to adjust my status. It also stated that it is being sent to the Department of State National Visa Center, and that they will communicate with me concerning further immigrant visa processing steps.

I came to the US in 2006 legally. My I-94 and visa have expired though. Is that the reason why I'm not eligible.

Can someone please tell me what to do? What does all of it mean? We plan on doing all our paperwork, because we can't afford a lawyer.


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Attorney answers 2


Based on the fact you state, you should be able to file for adjustment of status. You should retain an experienced immigration attorney to review what you filed and to assist you in the next steps of the case.

The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


What type of visa did you use to enter the U.S.?

Overstaying most types of temporary visas would not render you inelgible to adjust your status in the U.S. However, if you entered the U.S. on a K-1 fiancee visa sponsor by another partner or if you entered as C-1/D crewmember or a J-1 exchange visitor subject to the two-year home residency requirement, then you are ineligible to adjust your status.

Did you file an I-485?

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation, telephonic or in-person, by an attorney experienced in immigration law. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.



I entered on a B1-B2 visa. I didn't file the I-485 yet. Should I go ahead and do so?

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