Can I submit an I-485 when the priority date is passed but the I-130 is still pending? - EB5Investors.com

Can I submit an I-485 when the priority date is passed but the I-130 is still pending?

My husband is a green card holder and he submit the I-130 for me in August 2020. Then we received a receipt notice, the received date and priority date are the same: Aug 29, 2020. Can I submit the I-485 now as the I-130 is pending? The status of the I-130 is “Case was received and a receipt Notice was emailed.”

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

No, you cannot file your I-485 yet as the spouse of a permanent resident. You are required to wait until the I-130 is approved before you can file the I-485 application. If you file an application, it would be rejected.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, so long as the priority date is current, you can file to adjust with the I-130 receipt as a supporting document.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If you husband is a U.S. citizen or a permanent resident then you can file the I-485 during the month of December, but you need to include proof of filing of the I-130. You should have filed them together. Make sure you meet the eligibility and include all parts required because if denied, and if you do not have valid underlying status, you could be placed in a removal hearing.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

If your visa category is current, then yes. Family-based green card holders can file concurrently.

Kevin Michael Tracy

Kevin Michael Tracy

Immigration Attorneys
Answered on

If your priority date is current and you have the I-130 receipt, you can file the I-485 if you are in the United States legally, and still hold legal status.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Yes, the I-130 does not need to be approved for you to file an I-485. You must check the latest visa bulletin and look at the final action date, or dates, for filing under the F-2A category. In December 2020, it is current (C) for F-2A and dates for filing is Aug. 1, 2020; the USCIS has announced the F-2A can use the final action date. Therefore, you may submit your I-485 adjustment of status application as per the instructions on the form and at the USCIS.gov.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If you are in the U.S. with a legal status, you can file for an adjustment of status based on a pending I-130, as a spouse of a permanent resident, in December 2020.

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