Our approved I-526 was sent to NVC because of a mistake indicating consular processing instead of AOS. We are living in the U.S. and need to do ASO. Is it possible to file the I-485 and I-796…etc. now or do we have to wait for the approved petition to make it to NVC and for NVC to issue a fee bill? What should we do?
Answers
Raymond Lahoud
Immigration Attorneys DirectoryYou can file to adjust your status using the approved petition.
Lynne Feldman
Immigration Attorneys DirectoryYes, if you have maintained status, you can file to adjust with the I-526 approval. Let us know if you need assistance.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryYou can file the I-485 with the notice you have. Not a problem.
Fredrick W Voigtmann
Immigration Attorneys DirectoryYou can always file for adjustment of status by filing your I-485 with a copy of your I-526 approval notice, assuming an immigrant visa number is available (priority date current) and you are in valid nonimmigrant status in the United States. You do not need to contact the NVC at all or pay the IV fee bill in order to pursue adjustment of status.
Dale Schwartz
Immigration Attorneys DirectoryGo ahead and file the I-485 NOW. Tell the NVC you are doing that.
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