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Shola90

i-130 approved - beneficiary is in the US

By Shola90 in Bringing Family Members of Permanent Residents to America

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Shola90 Rookie

Shola90   2

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Filed: AOS (pnd) Country: Nigeria
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Hi, 

My mom (LPR) filed i-130 for my 17yo sister. She is currently out of status but has not started accruing unlawful presence. The approval notice mentioned that she can adjust status by filing form i-485.

I want to know if there is anyone who has been in this situation and was successful with adjusting status in the US. We are worried about the possibility of her getting stuck outside the US if she leaves to process outside the US at a consulate.

 

Thanks.

SalishSea Grand Master

SalishSea   17,981

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Filed: Lift. Cond. (apr) Country: New Zealand
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2 hours ago, Shola90 said:

Hi, 

My mom (LPR) filed i-130 for my 17yo sister. She is currently out of status but has not started accruing unlawful presence. The approval notice mentioned that she can adjust status by filing form i-485.

I want to know if there is anyone who has been in this situation and was successful with adjusting status in the US. We are worried about the possibility of her getting stuck outside the US if she leaves to process outside the US at a consulate.

 

Thanks.

Are you sure about that?  You have to be in status to adjust status, unless immediate relative of USC.

Crazy Cat Grand Master

Crazy Cat   41,985

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Filed: Citizen (apr) Country: Taiwan
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9 hours ago, Shola90 said:

The approval notice mentioned that she can adjust status by filing form i-485.

 

The petitioner is a Green card holder?  If so, there seem to be a couple issues.  

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  • 2 weeks later...
peeroh Rookie

peeroh   10

Posted
Filed: F-1 Visa Country: Nigeria
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Posted
On 10/27/2023 at 9:14 PM, SalishSea said:

Are you sure about that?  You have to be in status to adjust status, unless immediate relative of USC.

When the I-130 application was submitted, where did your mom used as your sister's current location and her address? If she noted in the application that her current residence the US, she can apply for I-485.

Boiler Grand Master

Boiler   45,770

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Filed: K-1 Visa Country: Wales
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1 hour ago, peeroh said:

When the I-130 application was submitted, where did your mom used as your sister's current location and her address? If she noted in the application that her current residence the US, she can apply for I-485.

As mentioned the child is out of status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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