Adjustment of status

[Alberto Balili 0]

Hi, my brother is currently in the U.S. Applying for adjustment of status after the death of our father who previously filed petition for my brother as a married Son of the u.s citizen but the USCIS is asking brother to show evidence of approved petition on his behalf. Can my brother use P3AU letter from NVC as evidence of approved petition?..Please reply asap?

[aleful 1,905]

• how is he adjusting  status if he doesn't qualify to do so?

the evidence is always a copy of the approved i130, but he isn't qualified to adjust status in the us anyway

 

 

[Unlockable 7,316]

6 hours ago, Alberto Balili said:

Hi, my brother is currently in the U.S. Applying for adjustment of status after the death of our father who previously filed petition for my brother as a married Son of the u.s citizen but the USCIS is asking brother to show evidence of approved petition on his behalf. Can my brother use P3AU letter from NVC as evidence of approved petition?..Please reply asap?

No. That is NOT an approved petition.

 

Your brother cannot adjust status like that. That is not how it is done. He has to wait in his country until his visa becomes current.

 

He is doing it the wrong way and it could mess things up for him. Have him return home and tell him to be patient.

[Alberto Balili 0]

25 minutes ago, NuestraUnion said:

No. That is NOT an approved petition.

 

Your brother cannot adjust status like that. That is not how it is done. He has to wait in his country until his visa becomes current.

 

He is doing it the wrong way and it could mess things up for him. Have him return home and tell him to be patient.

So my father's petition for my brother is still valid even though my father already passed away?. Thank You!