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 You cannot change it without his consent, and the I-130 can either be withdrawn, which the CIS can refuse to do, or, if it is not approved, you can either file a motion to reopen or a new petition.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

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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

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.