Legal Question in Immigration Law in Michigan

Could it be they don't have my I-485?

I asked a question here a few weeks back about if I could apply my I-485 thru my future husband even though I had a family-based I-130 thru my American stepmom.

3 lawyers wrote back saying I could, as long as I entered the US with inspection, which I did. I entered with a passport and visa that will expire in 2010.

Before asking that, an immigration agent had told me thru the phone there was no I-485 filed under my name or my birth date. I'm pretty sure I did all the medical stuff and all and sent it in years ago, but nothing came for me. Could it be they lost my application?

He told me to file before I turn 21. He was positive there was no I-485 under my name.

my question is: let's say the agent was mistaken and there is an I-485 filed for me thru my stepmom, would that make me unable to file it thru my future American husband?

Please give me all the insight you have. I am very confused.


Asked on 11/25/08, 3:51 am

1 Answer from Attorneys
Caridad Cardinale Pastor & Associates, P.C.

Re: Could it be they don't have my I-485?

It could be that you filed everything and USCIS lost it or that you just filed the I-130 Petition. Do you have any receipts for the I-485? In any case you can still file through your US citizen husband because that would be a separate matter as long as you entered on the visa and still have that and a copy of the I-94 you were given when you entered the US.

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Answered on 11/25/08, 10:57 am


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