I-130 approval pending. PD current but no approval. Should/Could I file I-485?

[cace]

Hello,

I apologize if this question has been asked before. I am new to these forums and I couldn't find this specific question, so here it goes.

My mother filed an I-130 application on my behalf back in 06/2000. Because I'm married and over 21 my application belongs to the third preference category. According to the last visa bulletin my priority date has become current and I should be able to file the I-485 form.

There is a little problem though. My mother received a notice of action in which they say that the application was received on 06/2000. She never received the approval notice. I've called USCIS several times asking for the status of my case and they've always said that they would request an inquiry (I'm not sure if that's the exact word they used) and that something would be sent in the mail within 45 days. But nothing was ever sent and subsequent calls only get me back to the same place: another system inquiry and a response that never comes. The I-130 was sent to the Nebraska Service Center but I've heard from some people that Nebraska is not handling I-130 petitions anymore, so I'm not sure this has anything to do with my problem.

Currently I'm in the USA under H-1B status. However, I'd like to get my green card as soon as possible because I'm looking for another job and many of them are restricted to citizens and permanent residents.

Should I file for adjustment of status (form I-485) without the approval notice? Could I? What would the implications be?

I'd appreciate your advice on my case. If you know of other places where this question has been addressed please point me to those sources.

Best regards,

caceWhat is the name of your state (only U.S. law)?

 

[evcalyptos]

Have you signed up for email/online notification of the petition status? Do that and see what you can find. What you're saying about your status inquiries doesn't quite make sense. Has your mother moved since filing the petition?

I don't think you can file the I-485 without the approval notice for the petition (only immediate relatives). You need confirmation that a visa number is available for you.
If you file improperly, your application will be denied and the money wasted.

 

[cace]

Have you signed up for email/online notification of the petition status? Do that and see what you can find. What you're saying about your status inquiries doesn't quite make sense. Has your mother moved since filing the petition?

I don't think you can file the I-485 without the approval notice for the petition (only immediate relatives). You need confirmation that a visa number is available for you.
If you file improperly, your application will be denied and the money wasted.

I signed my mom for e-mail notification last year. Never heard back.

She has moved since filing the application but we have requested that her address be changed on the USCIS system. She did receive a letter saying that her address was updated.

What do you mean by needing confirmation that a visa number is available? Do I or does my mom need to get something in writing? According to the October 2008 visa bulletin the date on the notice of action (the one where they say that the application was received on this date and as the application is processed they will be sending other notices) has just become current.

Thank you for your advice. Best regads,

cace

 

[ImmigAttyLana]

You have to have PROOF that the I-130 has been approved before you can submit I-485. If you do not have an approval, you need to at least look up the receipt number online and find out if it's been approved or not. If it has been and if the priority date is current, then you can submit I-485 and in the meantime have your mother request a duplicate approval. If the petition has not yet been approved, then it will need to be approved before you can file I-485 and you should do an inquiry through the Service Center where the petition is pending. MOst likely it's been transferred to California Service Center. I handle these types of attorney inquiries with the Service Centers in cases similar to yours. If you want to contact me off forum to discuss, please feel free to do so.

 

[cace]

You have to have PROOF that the I-130 has been approved before you can submit I-485. If you do not have an approval, you need to at least look up the receipt number online and find out if it's been approved or not. If it has been and if the priority date is current, then you can submit I-485 and in the meantime have your mother request a duplicate approval. If the petition has not yet been approved, then it will need to be approved before you can file I-485 and you should do an inquiry through the Service Center where the petition is pending. MOst likely it's been transferred to California Service Center. I handle these types of attorney inquiries with the Service Centers in cases similar to yours. If you want to contact me off forum to discuss, please feel free to do so.

Hi Lana,

The information online says that the I-130 petition was "received and pending". I have called USCIS by phone several times but have only gotten as far as getting a request for information on their system. The phone on the notice of action that said that the application was received is no longer in service, so I don't have a number to contact the Nebraska Service Center. So I usually call the USCIS customer service number that appears on the case status search on their website.

Thank you very much for your advice. Best regards,

cace