Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
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” chart. Each month, a few days to a week after the DOS Visa Bulletin is posted for the following month, USCIS will issue their own statement as to whether the “Dates for Filing” chart for that month can be used for the early filing of
I-485 applications in that month. For some months, USCIS will not accept I-485 applications unless the priority date is current on the “Final Action Dates” chart of the Visa Bulletin. To check whether the USCIS allows you to use the “Dates for Filing” chart for each month, go to https://www.uscis.gov/visabulletininfo.
Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to email@example.com. Questions submitted by email will be posted without personal information unless specifically requested. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship.
* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari. 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 Tennessee, New York, and New Jersey but is eligible to assist clients from throughout the US. 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. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of the Siskind Susser law firm.