Petition Approved but Not Eligible for Adjustment of Status?

[kari81 18]

From my understanding a spouse and a child of a permanent resident cannot adjust status in the states. That is why the letter says your approval had been sent to the national visa center. I am pretty sure about that but you can talk to a lawyer who offers free consultation

[CC90 90]

From my understanding a spouse and a child of a permanent resident cannot adjust status in the states. That is why the letter says your approval had been sent to the national visa center. I am pretty sure about that but you can talk to a lawyer who offers free consultation

When the number becomes current and the beneficiary is otherwise in legal status, it's possible.

H1-B visa holders adjust all the time based on employment green cards, too. It's not just for IRs of USCs.

[kari81 18]

US immigration is very complicated and sometimes funny. The case you site is an example but unfortunately yours is different. You are on F-1 status is different from HB1. Like I said your are best advised to talk a lawyer. Infopass the immigration officer will just tell you what appears on the screen.

[CC90 90]

US immigration is very complicated and sometimes funny. The case you site is an example but unfortunately yours is different. You are on F-1 status is different from HB1. Like I said your are best advised to talk a lawyer. Infopass the immigration officer will just tell you what appears on the screen.

Yes, it was an example, but I also know personally people that have adjusted from an LPR spouse.

[Hypnos 6,576]

From my understanding a spouse and a child of a permanent resident cannot adjust status in the states.i

Completely incorrect.

Since F2A is current at the moment (in the latest visa bulletin) then spouses and minor children of permanent residents can adjust in the US if (i) they entered legally, and (ii) have been continuously in a lawful status for the entire time they have been present in the US.

Edited September 7, 2013 by Hypnos

[Harpa Timsah 13,258]

Please, if you don't know, don't come in here and make something up. The OP can adjust right now, because of F2A being current, which is unusual.

OP: You will include a copy of your approval letter from the I-130 and the I-130 will be taken out of NVC and matched up with the I-485.

[MisterEko 1]

Please, if you don't know, don't come in here and make something up. The OP can adjust right now, because of F2A being current, which is unusual.

OP: You will include a copy of your approval letter from the I-130 and the I-130 will be taken out of NVC and matched up with the I-485.

Thanks, that's what I'm getting ready to do right after the InfoPass.

[hopeful14 4]

any update on your case?

[saurab k 0]

On 9/6/2013 at 3:14 PM, MisterEko said:

Hi guys

So my wife and I filed the initial forms and today we got the letter in mail (after seeing approval online) stating that the petition has been approved. However, it states that I am NOT eligible for adjustment of status.

Here's a screenshot of the letter: http://i.imgur.com/TpHbmTx.png

Now, I am currently a student in the US. My wife is a permanent resident. The only thing I can think of is that somehow, USCIS thinks I am outside of status and maybe illegally in the US.

Thing with my status is that my student visa expired while I was in the US, but I got a new I-20 from school and never left the US, so I do not have the student visa, but am in status. Not sure if that can mess up my USCIS status.

I scheduled an INFOPASS appointment in 20 days, but wanted to hear if any of you guys had any experience with this issue. I clearly indicated on the application that I want to be processed in the US.

Thank you very much.

p.s. to make things more confusing, I called the USCIS number. The first person I talked to explained that it was a normal procedure, and that my petition was now being sent to NVC (National Visa Center) who will then send me the rest once approved, and that the NOT ELIGIBLE part means that we have to wait for NVC.

I did more research and then called USCIS again, and the second person said that mistake might have been made and to schedule an INFOPASS. So it is very confusing as to what should be done since there is so much different info floating around. Has any of you done F-1 to Permanent Resident adjustment and did you receive a letter like this? Thanks again.

hey i have the same situation. what did you do? im in the US but got the letter saying you may not be able to adjust the status

[TBoneTX 43,405]

This thread is from 2013; the original poster hasn't logged on to this site for over 3 years.

If you have a question, please start a new topic.

Old thread is now closed to further comment.