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Amending I-485 Supplement A

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


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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Alexander Joseph Segal

Alexander Joseph Segal


Sorry, I hit the send button too early.

Alexander Joseph Segal

Alexander Joseph Segal


I485 A unlike I-485 can be used again, once paid for.

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