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

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

Hallandale, FL -

Attorney Answers (5)

Kyndra L. Mulder

Kyndra L. Mulder

Immigration Attorney - Jacksonville, FL
Answered

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

Sergey Vladimirovich Makarov

Sergey Vladimirovich Makarov

Immigration Attorney - Philadelphia, PA
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.

Theodore John Murphy

Theodore John Murphy

Immigration Attorney - West Chester, PA
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
Alexus Paul Sham

Alexus Paul Sham

Immigration Attorney - The Woodlands, TX
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
Rebeca Sanchez-Roig

Rebeca Sanchez-Roig

Immigration Attorney - Miami, FL
Answered

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

Related Topics

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.