What I can do to get my i485 approved based on the situation below?

Hello everyone.

It’s been really stressful. Really need some help from you to get an idea what I should do. Can’t deal with this mental stress anymore. I’m on my last semester before I graduate and end up with my f1 status.

I’ve filed i485 from F1 status. And USCIS didn’t accept my application because there’s no visa available in my category at this time and they sent me a letter back.

However when I filed my i130(February 2017), I was under 21 and my mom (permanent resident) filed for me. By the time my i130 was approved, I was over 21 and this is why they probably denied me even though I should be supported by the CSPA(child status protection) act. However I again sent them the application with my cspa note and calculations. Hopefully they’ll review it.

Is there anything else I can do? 

Thanks in advance.

3 Answers

  • 3 weeks ago

    The I-130 and the I-485 should have been filed either concurrently or, if the I-130 was already approved by the time the I-485 was filed, then a copy of the approved I-130 should have been filed with the I-485 so that the USCIS is able to combine the two separate documents.

    That's what happened here. They didn't know about the I-130 and told you that you are not eligible for AoS because you are over 21 years old.

    Hope that helps.

    Source(s): An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California.
  • Foofa
    Lv 7
    3 weeks ago

    Your mother can hire a lawyer like she should have before letting you enter the country on a student visa when you could have been sponsored for regular immigration. One wonders why you did that. Now you'll very likely have to go home for processing when she does finally file the right petition for your end goals. 

  • 3 weeks ago

    CSPA application has to be filed before child turns 21. You were over 21 when the I-130 was approved, which is the date which matters. No CSPA. You cannot change status from a temporary visa because no immigration visas will be available for years. You GO HOME, and then your mother petitions for your immigration. You two have gone about this quite backwards.

    You entered US on a temporary visa. If you intended to remain, you committed visa fraud, and that's permanent bar to entry. Return to your country of citizenship promptly, or you might have problems ever returning to US.

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