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Consulate processing or adjustment processing?

By myquestion in National Visa Center (Dept of State)

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myquestion Rookie

myquestion   0

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Filed: Other Country: Russia
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Hello everybody?

I am a petitioner of I-130 sibling and we got Welcome letter from NVC that this petition has been approved! My sister legally work and stay in USA since 2004. Can she apply for adjustment of status in USA or she has to leave the country? She stays in USA legally because she had an asylum case which is now in 9 circle - on appeal. She also has a lawyer who constantly tells her that she has to leave the country if she wants follow her petition. Please, help.

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Boiler Grand Master

Boiler   43,425

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Filed: K-1 Visa Country: Wales
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She has never gone out of status?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hypnos Grand Master

Hypnos   6,576

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Posted (edited)

If she doesn't have any time period during which she was out of status (not even a day) then she should be able to apply for AoS. She will need to prove that she remained in a legal status during the entire 11 years.

If she is appealing an asylum denial, then it sounds as if she may have gone out of status after that denial.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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myquestion Rookie

myquestion   0

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Thank you so much for your answer!

Her lawyer referred us to the paragraph 245 (a)©. I went with her to his appointment and he said that she stays here legally. Another thing, may be he filed later and didn't tell her about that? Before to meet him I talk to the other lawyer and I found out that she can apply for an adjustment in US because she is in the country, and no need to leave. I told him about that but keep telling us that she has to leave a country. Then after his appointment we called to NVC they said that she can adjust her status here. I don't know what is the reason that he says like that. She had a contract with him since 2005 -2006 and 9 month more, and now we don't trust him, we don't know what will be our next step. What to do with this contract?

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myquestion Rookie

myquestion   0

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I mean 245(a),©.

Also we are not sure can she apply here because may be NVC doesn't know about her asylum case and may be by the mistake of her lawyer she been here out status.

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Boiler Grand Master

Boiler   43,425

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Filed: K-1 Visa Country: Wales
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No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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