Can I file a second I-485 application under my Mother (F2B) since my first application (F4) retrogressed back in Jan 2011?

Asked over 1 year ago - Porter, TX

I filed an I-485 under F4 Visa Category (Brother) in November, 2010. At the January interview I learned that my Priority Date was no longer current and my file was being transferred to the NVC for holding.

With March 2013 Visa Bulletin my Mother's I-130 Priority Date has become current - can I now file a second I-485 application for adjustment?

Additional information

To be clear my Mother's I-130 is under Category F2B.........my Brother's I-130 was under Category F4. I previously filed I-485 under my Brother's application Only.

Attorney answers (3)

  1. Karen-Lee Pollak

    Contributor Level 19

    5

    Lawyers agree

    Answered . You can only file a 485 application through your mom if you have an approved I 130 petition for alien relative through your mom.

  2. Michael Hugh Carlin

    Contributor Level 18

    5

    Lawyers agree

    1

    Answered . So, if I understand you correctly, your mother filed an I-130 for you, and it has been approved? Are you married? Have you maintained lawful immigration status in the USA?

    It appears that you might be able to adjust based on your mother's approved petition, if in fact it is approved. But we would need to know more information, especially about whether you have maintained lawful status in the USA.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    2

    Lawyers agree

    Answered . If you have an approved I130 and have maintained lawful status you may be able to.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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