Approved VAWA

[Stillblessed 0]

Hello, I am new here and read some really great responses to various cases. Hoping someone can point me in the right direction. I came to the the US on a visitor's visa 1999. 2002 I got married. My husband, a LPR filed I-130 June 2002. I separated from my husband due to abuse in 2005. In 2007 I filed VAWA. It was approved in 2008, but the approval notice also stated "The petition indicates that you are in the US and will apply for AOS. The information submitted with the petition shows you are not eligible to file an AOS at this time. If you become eligible to adjust status based on this petition, you should submit a copy with form I485. If you decide to apply for a visa outside the US based on this petition you should file form I824."

I am little confused, because my priority date passed one year prior to the approval date. I applied for work authorization and have been renewing since 2008. I have seen a few lawyers, but still unsure on how to proceed. Unsure if my ineligibility is due to the fact that I overstayed my visa and my now ex-husband is a LPR, not a citizen. Could my status be a basis for ineligibility to adjust status? Thanks in advance for your help.

[Hypnos 6,576]

An approved VAWA I-360 eliminates your inadmissibility due to your overstay.

Your priority date became current (under F2A) a long time ago; fortunately an approved I-360 through VAWA does not expire.

You should file an I-485.

[Stillblessed 0]

Thank you so much Hypnos for your response. This certainly helps. I will get on it right away, with no further delay.

I delayed the process for so long, because of the ineligibility statement made with the approval, even though the priority date passed and I was eligible to adjust.

I really appreciate you help.