Amending I-485 Supplement A

Asked 10 months ago - Baltimore, MD

My I-485 is pending with USCIS. Can I amend I-485 supplement A to use a I-130 as the qualifying application instead of a labor certification. I have an approved labor from Apr 2001, but I am also a derivative beneficiary of an I-130 application filed in 1997 (by my grandfather for my mom). I could not adjust with my mom as I was over 21. I did not pay much attention to this I-130 until i heard that this could be used for 245(i) grandfathering. Would using this I-130 eliminate the Dec 2000 physical presence requirement?. Even though I was here in the US at the time, I was not working and I do not have paychecks to prove Dec 2000 presence. Please let me know if I can change my pending I-485 supplement A to use the I-130 as the qualifying application?

Attorney answers (1)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . No. I-485 comes corresponding to the immigrant visa type. You want to run under different immigrant visa category, file a new I-485.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more

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