If you are in the US in valid non-immigrant status, then you can.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
If you are in the US in status and your visa is current, you can file for adjustment.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
If you are currently in the US in VALID nonimmigrant status, then you definitely can.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your I-130 should not have gone to the NVC if you are in the US and seeking to adjust status in the US. Yes you can file your I-485 now.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
I agree with my colleagues generally. I would also recommend you have an attorney review your paperwork before attempting to file an I-485 on your own given your circumstances.
If you are in the US on a B-2, and your I-94 is still valid, and you have been in the US for at least 60 days after being admitted, then, to echo the other colleagues sentiments and advice, apply for your adjustment of status here in the US. I would recommend you consult a competent immigration counsel before you file your I-485.
If you indicated that you were "in the US and will apply for adjustment of status" on the I-130 form, the case stays with the USCIS, and will not be transferred to NVC.
Since you are in valid status, but your status is expiring soon, you should apply for AOS ASAP.