What does I-130 approval notice mean? Get I-130 approval after filing I-485, it said I am not eligible to adjust status ?

Asked 9 months ago - New York, NY

Dear all,
My husband is a green card holder. He is applying green card for me as F2A category. I-130 priority date is 12/21/2012. I filed I-485 in August 2013 as it became current. Receive I-130 approval notice on 10/01/2013. It said" The above petition has been approved. The petition indicates that the person for whom you are 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 you are petitioning is not eligible to file an adjustment of status application at this time.........Until the person for whom you petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this local USCIS office...."
Thank you so much.

Attorney answers (4)

  1. Harry Asatrian

    Pro

    Contributor Level 15

    5

    Lawyers agree

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    Answered . You have to meet all three requirements to AOS in the U.S. 1. visa must be immediately available; 2. entered legally in the U.S. 3. not be inadmissible.

    This is not legal advise and should not be construed as such by anyone.
  2. Altin Nanaj

    Contributor Level 13

    4

    Lawyers agree

    Answered . The 1-130 approval notice in your case is just a certification by immigration that you are married to a Legal Permanent Resident and that you are eligible to receive a green card on that basis. Obtaining the green card is a different matter. Consult with an immigration attorney regarding your options.

  3. Aggie Rachel Hoffman

    Contributor Level 17

    5

    Lawyers agree

    Answered . The I-130 recognizes the requisite familial relationship that is the basis of eligibility for immigration. If the visa priority date for the immigration category is current at the time of the I-130 filing, and if the immigrant entered the U.S. legally and has not violated hid/her status, the adjustment application may be filed concurrently. If it is not current, you must wait for approval of the I-130 before filing for adjustment. This filing order may not be reversed. Whether you may now file an I-485 depends on whether you are in status. You should have a consultation with an experienced immigration attorney to determine why you are not eligible for adjustment.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It... more
  4. Dawn Chere Sequeira

    Contributor Level 10

    2

    Lawyers agree

    1

    Answered . Did you receive I-485 receipt notice or was the application returned to you? If theI-485 was returned, it was because you filed it too early. If you re-file now, assuming your priority date is current now, then you would be eligible to adjust status.

    Please consult an immigration attorney. This does not constitute legal advice.

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