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rparra0013

I130 APPROVED BUT IT SAYS ADJUSTMENT OF STATUS AND NOT CONSULAR PROCESSING

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I am a U.S Citizen and my wife is a Mexican national. She arrived here when she was 3 and got DACA before she turned 18, so she did not get any days that deemed her unlawful due to her being underage and her getting DACA before turning 18 which protects her. Our application was initially in Texas then transferred to Vermont, but they didn't notify us of the transfer I just noticed on the NOA1 saying Texas and this NOA2 saying Vermont. This is supposed to be a consular process and it was clearly stated in the i130 application. I have reached out to USCIS on August 27,2020 and they sent a letter on September 1, 2020  and they stated, " Your request to forward your approved petition to the National Visa Center (NVC) for consular processing has been forwarded to the appropriate review." I have tried reaching out to the senator and the USCIS ( which replied with the statement I provided). I don't know what to do next. It has been several months and they still have not forwarded it. Anyone have a similar issue and what can I do?

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Gotcha.

 

You requested the application to be changed to consular processing and forwarded to the NVC on Aug 27?  It has been just over a month, unless the dates are wrong?  Keep checking with USCIS - things are slower than usual now but hopefully they will act on your request soon.

 

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Filed: Citizen (apr) Country: Kenya
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38 minutes ago, aaron2020 said:

Be sure to get the I-601a waiver approved before her visa interview at the US Consulate in Juarez.  

 

For lessons 101..do you mind explaining why she needs to go out of the country to get AOS? Thought with DACA, one could just AOS internally. 


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Country: Vietnam (no flag)
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4 minutes ago, Timona said:

 

For lessons 101..do you mind explaining why she needs to go out of the country to get AOS? Thought with DACA, one could just AOS internally. 

You're confusing a few things.

 

1.  A person who enters the US illegally can not adjust status in the US and must leave the US for consular processing.  Only those who legally entered the US and overstay can adjust status with a qualified relative.  DACA is irrelevant.  This is why the OP is requesting consular processing.


2.  Consular processing does not involve Adjustment of Status (AOS).  So, there is no such thing as going "out of the country to get AOS."

 

3.  DACA does not allow a person to AOS.  DACA is irrelevant to being eligible for AOS

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Filed: Citizen (apr) Country: Kenya
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15 hours ago, aaron2020 said:

You're confusing a few things.

 

1.  A person who enters the US illegally can not adjust status in the US and must leave the US for consular processing.  Only those who legally entered the US and overstay can adjust status with a qualified relative.  DACA is irrelevant.  This is why the OP is requesting consular processing.


2.  Consular processing does not involve Adjustment of Status (AOS).  So, there is no such thing as going "out of the country to get AOS."

 

3.  DACA does not allow a person to AOS.  DACA is irrelevant to being eligible for AOS

 

Understood. I knew 1 & 2. 

My question lay at 3. You did a good job explaining it. I did not know one could not AOS from DACA. Now I know DACA just forgives for illegal stay but you have to go through Consular processing to get GC.

 

And my apologies for my poor choice of words. I know you cannot AOS outside the country.


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Brazil
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5 hours ago, Timona said:

 

Understood. I knew 1 & 2. 

My question lay at 3. You did a good job explaining it. I did not know one could not AOS from DACA. Now I know DACA just forgives for illegal stay but you have to go through Consular processing to get GC.

 

And my apologies for my poor choice of words. I know you cannot AOS outside the country.

 People on DACA can AOS, as long as they are immediate relatives of a USC who entered legally. OP's issue is the illegal entry.

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