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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


  1. 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.


  2. 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. 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.


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


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

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