Can i upgrade an i130 petition from lpr to usc even though my PD is already current

Asked about 1 year ago - Hallandale, FL

File i130 when husband was lpr he became usc just few month ago. We sent inf to upgrade petition together with i485. My priority date was already available but still we want to upgrade petition to spouse of usc. I130 was approved 2010

Attorney answers (5)

  1. Kyndra L. Mulder

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with attorney Murphy. You are correct in that you should upgrade.

  2. Sergey Vladimirovich Makarov

    Contributor Level 14

    5

    Lawyers agree

    Answered . You did absolutely right thing - you sent the request with I-485 application. Whether FB-2A is current is irrelevant, what important is under USC immediate relative petition there is an automatic waiver for unlawful presence and employment without authorization.

  3. Theodore John Murphy

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes you can uuupgrade and you took the proper steps to request it. You should be scheduled foran interview soon. Remindthe officer at the interview and take your husband's naturalization certificate with you.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  4. Alexus Paul Sham

    Contributor Level 20

    4

    Lawyers agree

    Answered . It is usually a good idea to update your information since your husband became a US citizen. Filing the green card application is a complicated process and I recommend consulting an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  5. Rebeca Sanchez-Roig

    Contributor Level 8

    2

    Lawyers agree

    Answered . Yes, you should advise USCIS that your husband is now a USC and request the petition be upgraded.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,557 answers this week

3,177 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,557 answers this week

3,177 attorneys answering