If you are in the U.S. and have maintained legal status (or are 245i eligible - meaning that you were in the US in December of 2000 and the I-130 petition was filed prior to the end of April 2001), then you can file your adjustment of status application with USCIS. You should speak with an attorney regarding whether or not you are eligible for a travel document/advance parole.
You must also notify the NVC that you will be processing your application in the U.S.
You should consult with an immigration attorney regarding the specifics of your case.
Best regards,
Renata Calderaro, Esq.
The Calderaro Law Group
Immigration Attorneys
12550 Biscayne Blvd., Ste. 800
Miami, Florida 33181
305-938-8391 Telephone
305-938-8392 Facsimile
212-335-4920 Venezuela
[email protected]
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