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
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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.
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