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Ineligible for I-485??

Dallas, TX |

I got my approved I-130. But it has some confusing language.It says " The evidence indicates that she is not eligible to file an adjustment of status application. The determination is based on the information submitted with the petition and any relating files".

My husband is a GC holder here and the petitioner of my case. I am in valid non-immigrant visa(B2).
I-94 will expire on September 14, 2013. Priority date of F2A in August 2013 is CURRENT.

What should I do now?Should I still apply for I-485?

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Attorney answers 4

Best Answer

Yes, you can file your I-485 as of August 2013. When the I-130 was approved this language was in the approval notice because at the time of adjudication the F2A category was not current and will not be current until 8/1/2013. Caveat, just make sure you don't file the I-485 before 61 days of entering the US since you are currently on the B2.


I agree. In the meantime you should also think about hiring an immigration attorney to assist you. The attorney can contact the National Visa Center and notify them that you will adjust status in the US.


You file for adjustment of status in August.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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.


I suggest scheduling an infopass to find out why. Else you can also file 485 and see what happens. Worst case scenario, you will lose the filing/attorney's fee.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.



I already scheduled an appointment with Infopass. thanks