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Filed: Timeline
Posted

Hello,

I am in immigration dilemma & really really looking for the advise.

I entered USA without legal inspection in 1998. My biological citizen mother filed petition for me.

I got a letter which mentioned that, " petition is approved but not eligible for Adjustment of Status."

USCIS transfer case to national visa center for consular processing...!!

I'm in USA, no felony, no record & I'd like to get AOS procedure In USA rather then Out of Country.

Any idea, way, strategy or solution for my problem ?? P..L..E..A..S..E...

Thanks from heart in advance to show me the light....

Warmest Regards,

Mike Munas Punjabi

Filed: Citizen (apr) Country: Iran
Timeline
Posted

Since you entered without inspection (EWI) you cannot adjust status within the US. I believe the next step would be for your mother to file the I-601A which would be the waiver for your overstay. As soon as it is approved you can schedule your interview in your home country along with the medical. All in all you should be outside the country only a few weeks prior to receiving your visa.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You are not eligible to adjust because you did not enter the US legally.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Who Is Not Eligible to Adjust Status?

Unless you are applying for creation of record based on
continuous residence since before January 1, 1972, or
adjustment of status under a category in which special rules
apply (such as 245(i) adjustment, asylum adjustment, Cuban
adjustment, special immigrant juvenile adjustment, or special
immigrant military personnel adjustment), you are not
eligible for adjustment of status if any of the following
apply to you:


1. You entered the United States in transit without a visa;
2. You entered the United States as a nonimmigrant
crewman;

3. You were not admitted or paroled following inspection by
an immigration officer;

~ Moved from AOS from Family Based Visas to Bringing Family Members of US Citizens to America ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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