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

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

Posted

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 not constitute legal advice. It does not create an attorney-client relationship.

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Posted

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.

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4 comments

Asker

Posted

So there should be no reason for them not to upgrade my approved i130 ?

Sergey Vladimirovich Makarov

Sergey Vladimirovich Makarov

Posted

No reason indeed

Asker

Posted

Is there any special form? We just sent the naturalization certificate with approved i130 along with the i485 package

Sergey Vladimirovich Makarov

Sergey Vladimirovich Makarov

Posted

No, there is no such form, you did exactly right thing.

Posted

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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Posted

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

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Posted

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

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