I-130 for F-1 , AOS not elegible?

[eomarg 0]

Hi my name is erick ,im over 21 age unmarried son of us citizen ..my petition was submitted in aug 2006 and approved in dec 11 2008, but

when i received the notice it says that im in usa but im not elegible to adjustment of status because the information submitted with my

application...i got an f-1 visa since 2005 , and i change my i-20 (transfer school) on nov 2006 and also traveled to canada (so i got a new i-94 in my passport)

i need to know what does it mean? how long i have to wait now? can i apply for AOS or not? is possible to get an extension of my I-20 because it expires in may 2009..

thanks in advance guys...i hope your answers

[YuAndDan 153]

You can only adjust status on the USA based on the condition that a visa number would be IMMEDIATELY available to you should I-130 process through USCIS and NVC for an IR-Visa, you fall into the F-1 class and would not get an immediate visa but would have to wait until a visa number gets assigned by Department of State.

I-485 instructions:

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

An US citizen filing an I-130 for a child over age 21 does NOT get an immediate relative IR-visa.

Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate Relative Petitions.

For immigration purposes, Immediate Relative classifications include:

• Spouse of a U.S. Citizen (IR-1) Learn More

• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

• Orphan adopted abroad by a U.S. Citizen (IR-3) Learn More

• Orphan to be adopted in the United States by a U.S. citizen (IR-4) Learn More

• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

Limited Family-Based Immigrants

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. Under immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below.

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

http://travel.state.gov/visa/immigrants/ty...types_1306.html

One other note: If you traveled out of the USA at any time during AOS processing without AP (I-131) filed, and AP document in hand, the AOS is considered to be abandoned. F-1 Student visa allows re-entry from a trip abroad, but Advance Parole is required to preserve the AOS processing.

[eomarg 0]

thanks to answer me but my notice say that "im not elegible to file an adjustment of status application, this determination is based

on the information submitted with the petition and any relating files.

if the person whom you are petitioning believes that he or she is elegible for adjustment of status,

then he or she should contact the local uscis office for more information.. ....

this is the same..i have to wait until number of visa is available or is a different problem...thanks

You can only adjust status on the USA based on the condition that a visa number would be IMMEDIATELY available to you should I-130 process through USCIS and NVC for an IR-Visa, you fall into the F-1 class and would not get an immediate visa but would have to wait until a visa number gets assigned by Department of State.

I-485 instructions:

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

An US citizen filing an I-130 for a child over age 21 does NOT get an immediate relative IR-visa.

Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate Relative Petitions.

For immigration purposes, Immediate Relative classifications include:

• Spouse of a U.S. Citizen (IR-1) Learn More

• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

• Orphan adopted abroad by a U.S. Citizen (IR-3) Learn More

• Orphan to be adopted in the United States by a U.S. citizen (IR-4) Learn More

• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

Limited Family-Based Immigrants

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. Under immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below.

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

http://travel.state.gov/visa/immigrants/ty...types_1306.html

One other note: If you traveled out of the USA at any time during AOS processing without AP (I-131) filed, and AP document in hand, the AOS is considered to be abandoned. F-1 Student visa allows re-entry from a trip abroad, but Advance Parole is required to preserve the AOS processing.

[YuAndDan 153]

thanks to answer me but my notice say that "im not elegible to file an adjustment of status application, this determination is based

on the information submitted with the petition and any relating files.

if the person whom you are petitioning believes that he or she is elegible for adjustment of status,

then he or she should contact the local uscis office for more information.. ....

this is the same..i have to wait until number of visa is available or is a different problem...thanks

The law is black and white, I-485 can only be processed in cases where the approved I-130 would result in an immediate visa number assigned based on the Unlimited Family-Based Immigrant class - Immediate Relatives, this class has NO wait for a visa number.

• Spouse of a U.S. Citizen (IR-1) Learn More

• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

• Orphan adopted abroad by a U.S. Citizen (IR-3) Learn More

• Orphan to be adopted in the United States by a U.S. citizen (IR-4) Learn More

• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

As evidence that you did not fall into this class was the LONG processing of the I-130 at USCIS taking over 2 years to process at USCIS, an I-130 filed for an Unlimited class visa typically takes no more than 6 months to process through USCIS.

Your petition will then sit at NVC until a visa number is assigned, at which time the petition will then be sent to the Immigrant Visa unit at the US consulate or embassy in your home country. You can then interview for the Immigrant visa at the consulate.

The I-485 was essentialy dead the moment it was filed because you do not qualify for an IR-Visa under the unlimited visa class.

[eomarg 0]

thanks for your answer...it was really helpful...

another question sorry about that....do you know approx...how much time i have to wait to see any progress in my case...my petition

was filled in aug 2006...thanks again

thanks to answer me but my notice say that "im not elegible to file an adjustment of status application, this determination is based

on the information submitted with the petition and any relating files.

if the person whom you are petitioning believes that he or she is elegible for adjustment of status,

then he or she should contact the local uscis office for more information.. ....

this is the same..i have to wait until number of visa is available or is a different problem...thanks

The law is black and white, I-485 can only be processed in cases where the approved I-130 would result in an immediate visa number assigned based on the Unlimited Family-Based Immigrant class - Immediate Relatives, this class has NO wait for a visa number.

• Spouse of a U.S. Citizen (IR-1) Learn More

• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

• Orphan adopted abroad by a U.S. Citizen (IR-3) Learn More

• Orphan to be adopted in the United States by a U.S. citizen (IR-4) Learn More

• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

As evidence that you did not fall into this class was the LONG processing of the I-130 at USCIS taking over 2 years to process at USCIS, an I-130 filed for an Unlimited class visa typically takes no more than 6 months to process through USCIS.

Your petition will then sit at NVC until a visa number is assigned, at which time the petition will then be sent to the Immigrant Visa unit at the US consulate or embassy in your home country. You can then interview for the Immigrant visa at the consulate.

The I-485 was essentialy dead the moment it was filed because you do not qualify for an IR-Visa under the unlimited visa class.

[YuAndDan 153]

thanks for your answer...it was really helpful...

another question sorry about that....do you know approx...how much time i have to wait to see any progress in my case...my petition

was filled in aug 2006...thanks again

Depends on which country you are coming from.

Start by looking at current Bulletin http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You are Family First The bulletin shows numbers being assigned to petitions filed for F-1 class June 2002 for most countries Mexico, and Philippines is taking longer.

Note if you marry someone from home country you will need to report this and will drop to F-3 class which is taking longer. If you marry a US citizen, your spouse would file an I-130 for a spousal visa, and get you a visa in the IR-Class.