Approved I-130 notice noted APPLICANT not eligible for AOS. Now PD is current; DO YOU THINK THAT WAS B/C PD WAS NOT CURRENT?
I had an approved I-130 (filed by my wife, who is a LPR) with a PD back in June, 2014. So, according to the new tables of the VISA BULLETIN for family-based cases, I could have filed my AOS at the beginning of the current fiscal year. I just filed it yesterday, as I felt better to wait for the PD to be current and then apply! The only thing is that, when we received the approval notice back in April 2015 from USCIS, they mentioned that I would not be able to apply for AOS. I am an international grad student and have always been legal in the United States, on an F1 Student Visa, which won't be expiring soon (i.e. I94 D/S).
6 attorney answers
You can file for AOS as indicated on the second table when your eligibility date comes. No need to wait for PD unless USCIS indicates in a given month when you file that you have to wait for PD since they do not have enough visas available.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
This may have been a USCIS error. They happen. However, I agree with the previous answer. Take your documents to an experienced immigration lawyer, so that they can review your case in detail. You may have to pay a consultation, but it beats wasting the $1,070.00 filing fee if your case is denied.
My response to your question is general in nature, as I don't know all of the facts of your case. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. In addition, my answer does not create an attorney/client relationship.
You are a grad student at Princeton. You are smart enough to understand an attorney cannot evaluate your status and eligibility without seeing the paperwork and speaking to you. I suggest you make an appointment with an immigration lawyer before filing anything else.
If you have an approved Family based (F2A) FORM I – 130 and the visa is current and you have remained in status to this point then you can file the FORM i – 485.