Can I adjust my I-130 after it was sent to the National Visa Center? 2 Answers as of August 26, 2010

Is it possible for me to adjust my I-130 after it has been sent to the National Visa Center? The US Citizen and Immigration Service says that I am not eligible. What are my options?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is that the I-130 should not be your I-130. It is your Petitioners I-130. He/she signed it. You cannot change it without his consent, and the I-130 can either be withdrawn, which the CIS can refuse to do, or, if it is not approved, you can either file a motion to reopen or a new petition. And you are told that you are not eligible? That sounds like you are not eligible to adjust status. That raises all sorts of questions. If you want the help of a lawyer, please, feel free to call or e-mail me.
Answer Applies to: California
Replied: 8/26/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
I assume you meant adjustment of status. If your priority date on the I-130 is current and you are in the United States in LEGAL STATUS (B2, F1, H-1b, etc). If you are not in legal status then you can adjust in the United States only if you are an "immediate relative" under the law. Immediate relatives are (1) children (under 21) of a US citizen, (2) spouse and (3) parents of US citizen. However, if the I-130 was filed on or before April 30, 2001, you may be able to adjust status even though you have not maintained legal status in the United States and are not immediate relative under the law.
Answer Applies to: California
Replied: 8/25/2010
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