myquestion

Hello, KayDeeCee!

I am not sure that your link answers to my Question. We preparing ourselves to apply for Adjustment Of Status with USCIS because my sister physically in the USA. But the link which you posted is for the Consular Processing. But anyway thank you for your help.

I am sure somebody probably had the same situation like mine. Please, post any answer who had the similar one. Thanks.

Thank you for your reply. Maybe somebody has the similar situation or know how handle, in this case, please respond.

I really confused. Please, help.

Should I file I-864 and where I should submit: to NVC or USCIS? We already paid $120 to NVC and it was cleared. I am US citizen.

In 2003, I applied petition for my sister, I-130, while she been in her country. Then in 2004 she got a visa because my Mom passed away and she arrived US.

In 2004 she applied for an asylum and it is now in Appeal and still pending. But in April we got Welcome letter from NVC that she can apply for a AOS through the counseling process. But she is in US, can she do her AOS here, not through counseling process and what she has to do with her asylum case?

I'll appreciate your advice and help.

I forgot to add that she got her $500 bond back. Does it mean that she was not out of the status?

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.

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?

No, NEVER!

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.