Petition Approved but Not Eligible for Adjustment of Status?

[MisterEko 1]

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.

Edited September 6, 2013 by MisterEko

[CC90 90]

First, don't even try to call the USCIS line; there's no information that will help you.

You should be eligible for adjustment _IF_ you were in status the entire time. USCIS might think you've been out of status; I'm not sure why based on the information you gave.

Your best best is Infopass I suppose, or talking to a lawyer. You didn't provide enough information for anyone to render a full opinion.

[MisterEko 1]

First, don't even try to call the USCIS line; there's no information that will help you.

You should be eligible for adjustment _IF_ you were in status the entire time. USCIS might think you've been out of status; I'm not sure why based on the information you gave.

Your best best is Infopass I suppose, or talking to a lawyer. You didn't provide enough information for anyone to render a full opinion.

Thanks for the reply. What other info would you need to know?

I was in status the whole time. I got master's degree and then OPT and after OPT I went back for another degree, never staying illegally.

[CC90 90]

I didn't intend to imply that you should give more info, because that would require a lengthy life story with a lot of personal information.

If you were in status, I'm not sure why they don't think you're eligible. It could be an error or due to another detail that you may or may not know.

If it were me, I would first want to see the exact I-130 and I-485 you filed. There might be something there that would explain it.

[MisterEko 1]

I didn't intend to imply that you should give more info, because that would require a lengthy life story with a lot of personal information.

If you were in status, I'm not sure why they don't think you're eligible. It could be an error or due to another detail that you may or may not know.

If it were me, I would first want to see the exact I-130 and I-485 you filed. There might be something there that would explain it.

Do you think that USCIS field office is able to fix the issue in case I prove I am in status?

[CC90 90]

If it is an error, I would certainly hope so, because errors are tough for them to fix. If the office is close enough, I'd try stopping by and saying it's urgent; 20 days is a long time to wait.

You did file an I-485 right?

[MisterEko 1]

If it is an error, I would certainly hope so, because errors are tough for them to fix. If the office is close enough, I'd try stopping by and saying it's urgent; 20 days is a long time to wait.

You did file an I-485 right?

Office is close, and while scheduling, the earliest date was the 20th (14 days, not 20, sorry).

I'll bring all the documentation, including school statement saying I'm currently attending...

[CC90 90]

But you did file an I-485 right?

[MisterEko 1]

But you did file an I-485 right?

Sorry, no, I only filed I-130 because my wife is a permanent resident. That got approved on the 15th and we got the letter in mail this week, stating the above.

[CC90 90]

This may have been the issue, as you should've filed concurrently. F2As are current so you can file both at the same time.

You might just be able to submit the I-485, but I'd check with infopass first.

[MisterEko 1]

This may have been the issue, as you should've filed concurrently. F2As are current so you can file both at the same time.

You might just be able to submit the I-485, but I'd check with infopass first.

I filed in March, when the numbers werent current, so I couldn't have filed them together.

[CC90 90]

Then the note on the notice might be backdated to when you weren't eligible.

You probably can just submit the I-485, but check with infopass just in case so you don't risk losing close to $1,000.

[MisterEko 1]

Then the note on the notice might be backdated to when you weren't eligible.

You probably can just submit the I-485, but check with infopass just in case so you don't risk losing close to $1,000.

Thanks, will do. I knew it sounded too good to be true when I saw that my number became current...

[Hypnos 6,578]

Going to the Infopass appointment and asking is probably a good idea, but more likely than not just applying for the I-485 and enclosing a copy of the approval notice for your I-130 will work too. USCIS will request the hard copy of the I-130 back from NVC, and it will then proceed as a concurrent filing.

[MisterEko 1]

Going to the Infopass appointment and asking is probably a good idea, but more likely than not just applying for the I-485 and enclosing a copy of the approval notice for your I-130 will work too. USCIS will request the hard copy of the I-130 back from NVC, and it will then proceed as a concurrent filing.

Any idea why they'd say I wasn't eligible? Thanks.