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

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 At the January interview I learned that my Priority Date was no longer current and my file was being transferred to the NVC for holding.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?

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

Posted

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

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Posted

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 Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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2 comments

Asker

Posted

Hi Michael - I appreciate your response. I do have an approved I-130 under my Mom's Petition, I am single (never been married) and have maintained continued lawful status in the US. My biggest concern was if I could file another I-485 when the first was technically still 'pending' but my thought is the visa regression had impacted that in some way?

Michael Hugh Carlin

Michael Hugh Carlin

Posted

You should meet with an immigration attorney to go over everything. It appears that you probably are eligible to file a second I-485, but again you should consult with an attorney and present all documents, all facts, etc.

Posted

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, Suite 707 San Francisco, CA 94104

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