U.S. Immigration Advisor

U.S. Immigration Advisor

Frequently Asked  Questions & Answers of U.S. Citizenship and Immigration



Question: My status is E-2 in the United States. My husband is also a permanent resident and he registered an I-130 request for me last year. My priority date is available now. While my I-130 remains pending could I file an I-485?

The Immigration Advisor - Samar: You may file the I-485 Application for Adjustment of Status while the I-130 Immigrant Petition remains pending, assuming you meet all other eligibility requirements, including the priority date for your request, has been reached under the DOS visa bulletin.

Just a bit of warning, however. It seems that you are relying on the DOS Visa Bulletin's Dates for Filing, chart, rather than the final decision Dates, chart. Please be aware you may just file I-485 based on the Dates for Filing, the chart in a month at which USCIS has approved the use of the Dates for Filing, chart. Every month, a couple of days to a week after the DOS Visa Bulletin is submitted for the next month, USCIS will question their own statement as to whether the dates of Filing, the chart for this month may be used for the early filing of I-485 applications in that month. For some months, USCIS won't accept I-485 if the priority date is present on the Final Action Dates, chart of the Visa Bulletin to assess if the USCIS lets you utilize the Dates for Filing, the chart for every month.

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