Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: My aunt filed an I-130 immigrant visa petition for her unmarried son, who is over 21, while she was a permanent resident. My aunt has since naturalized and become a US citizen. According to the Visa Bulletin, his priority date became current last month. The I-130 has not been approved yet. Can he now file an I-485 application with just the I-130 petition filling receipt, or does he have to wait for the I-130 to be approved before he can file the I-485 application?
THE IMMIGRATION ANSWER MAN- ARI SAUER: You do not have to wait for the I-130 petition to be approved to be able to file the I-485 application for adjustment of status (green card) if there is a visa is immediately available for the petition. Where an I-130 petition is filed under the Immediate Relative category the I-485 application can be filed together with the I-130 immigrant petition. Where an I-130 petition is filed under the other family-based categories and has been pending long enough that a visa is now available under the Visa Bulletin you can file the I-485 application with a copy of the Receipt Notice for the pending I-130 petition.
Assuming your cousin is otherwise eligible to file for adjustment of status, he can file the I-485 application now with a copy of the I-130 Receipt Notice and a copy of his mother’s Certificate of Naturalization.
If your cousin is not eligible to file for adjustment of status (for example if he has failed to maintain his status and is now out of status and is not eligible under 245(i) or one of the other exceptions), he may be eligible to apply for an immigrant visa at the US consular post in his home country, once the I-130 petition is approved. But he should consult with an immigration lawyer before doing so to make sure that his is eligible to receive the visa.
If you would like assistance with this process or you would like to discuss this or other issues further, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to
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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.