我妈妈(有绿卡)给我的继父申请绿卡, I-130批准了, 但信上说:
"The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating files. "
"Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the NVC."
最近收到NVC的信, 要求重新送很多材料,还要回广州面试。
我妈妈和我继父都在美国。
打电话问USCIS,那边人也搞不清楚,说如果在美国直接申请485有可能会丢掉他现有的status. 是真的吗?
给NVC打电话打不通。
8老师讲过可以不理会NVC的通知,直接等PD当前就送485.
-Right. But your step father has to keep his legal status (e.g. B-2) until the PD is current to file I-485. If he can not stay with legal status until the PD is current, then he has to return to China to apply for the immigrant visa. So, you have to think about whether he can file I-485 or go back to China to apply for immigrant visa. If he can stay in US legally to file I-485, then your mother just needs to write a letter to NVC to ask them to stop the case there.
需要和当地USCIS办公室联系吗?
-No.
另外可不可以现在申请返美证呢,如果还不能交485的话?
-No.