Q: Adjustment of Status in the United States after approved i-130
My mom, a US citizen filed a petition i-130 for me that was approved and sent to NVC for further processing; a fall under the unmarried child over 22 category. Do I have to wait for NVC processing or I can just go ahead and file i-485 as soon as I get the NOA2? I live in the united states.
A: If the priority date of the I-130 is current and you are in the US in valid legal status, you may apply for adjustment of status
A:
If you are currently living in the United States and your I-130 petition (filed by your U.S. citizen mother under the unmarried child over 21 category) has been approved, you may be eligible to file for Adjustment of Status (Form I-485) without waiting for the National Visa Center (NVC) to process your case. This is possible because you are an immediate relative of a U.S. citizen, and visas are always available for this category.
Here are the steps you should follow:
1. Once you receive the I-130 approval notice (NOA2), check if the visa category is listed as "IR" (Immediate Relative).
2. File Form I-485 (Application to Register Permanent Residence or Adjust Status) with the required supporting documents and fees to the appropriate USCIS Lockbox facility.
3. Concurrently file Form I-864 (Affidavit of Support) and Form I-693 (Report of Medical Examination and Vaccination Record) with your I-485 application.
4. You may also be eligible to file for work authorization (Form I-765) and advance parole (Form I-131) along with your I-485 application.
It is essential to ensure that you maintain a valid non-immigrant status while your I-485 application is pending. If you have any doubts about your eligibility or the process, it is recommended to consult with an experienced immigration attorney to guide you through the Adjustment of Status process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
