Can I file my I-485 application before my I-130 petition is approved?

QUESTION: I am in the US is E-2 status. My husband is a Permanent Resident and he filed an I-130 petition for me last year. My priority date is available now. Can I file an I-485 while my I-130 is still pending? THE IMMIGRATION ANSWER MAN – ARI SAUER: You can file the I-485 Application for Adjustment of Status while the I-130 Immigrant Petition is still pending (meaning it has been filed with USCIS and you have the Receipt Notice, but has not yet been approved), assuming you meet all other eligibility requirements, including that the priority date for the petition has been reached under the DOS Visa Bulletin. Just a bit of warning, though. It appears that you are relying on the DOS Visa Bulletin’s “Dates for Filing” chart, rather than the “Final Action Dates” chart. Please note that you can only file an I-485 based on the “Dates for Filing” chart in a month where USCIS has authorized use of the “Dates for Filing”…

Read more detail on Recent Immigration Law posts –

This entry was posted in Immigration law and tagged , , , , , , . Bookmark the permalink.

Leave a Reply