Madison, WI asked in Immigration Law for Wisconsin

Q: NVC terminated immigrant visa registration. Still eligible for adjustment of status?

I have an approved I-130 petition with a priority date of Feb 2009. At the time of petition it was in the F2B category. In Feb 2012 we upgraded it to the F1 category. In 2014, after I got married, we thought we updated it to F3, but NVC does not have a record of it and they still have my old address. I've been checking the visa bulletin based on the F3 category, which just became available for my priority date. The NVC however had sent communication to my old address in 2015 since the F1 visa was available then, but of course I didn't get it and so didn't respond. They've now terminated the case on their end. When I check the USCIS case status, it still says approved.

I am in the US on an H1B visa. Can I file an I-485 (adjustment of status) since the I-130 is still approved? Will USCIS contact NVC, and deny the adjustment since NVC canceled the case on their end?

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1 Lawyer Answer
Osarumwense Iyamu
Osarumwense Iyamu
PREMIUM
Answered
  • Immigration Law Lawyer
  • Ocala, FL

A: An approved I – 130 petition remains valid until used to obtain a permanent resident status or until revoked.

If my office can be of further assistance, contact us to schedule a consultation.

The above information does not constitute legal advice nor create an attorney-client relationship.

Good luck with your case.

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