Legal Question in Immigration Law in Texas

Process of I-130

Hi my parents, they are greencard holders, filed I-130 for me 4 years ago and today we received an approval notice. We filed I-130 alone and nothing else. My question is when can we file I-485? I heard we should wait for priority date. But can we just go ahead and file it, so we don't have to keep track of priority date? Isn't it better to have the USICS track it instead of us?


Asked on 7/19/09, 6:06 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Re: Process of I-130

No, you cannot file the I-485 if your priority date is not current yet. It will be rejected if your priority date is not current.

Your priority date is listed on the I-130 approval (4 years ago).

You can track it in the Dept of State monthly Visa Bulletin. It depends on your age and country of birth.

In addition, what is your current non-immigrant status/visa in the USA? Are you maintaining your status? This is important because you eligibility to adjust status depends on many other factors.

http://www.law-visa-usa.com

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Answered on 7/19/09, 6:25 pm


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