Can the Immigration Judge adjudicate an I-485 when priority date is not current but was current during the pendency of the case?

Asked over 3 years ago - New York, NY

I-485 was filed when the priority date was not current. I-485 was processed and teh applicant got EAD. During pendency teh priority date became current and stayed current for a couple of years; however, during interview the priority date was not current and the USCIS denied the case because it was filed when the priority date was not current. The applicant lost his EAD as well. There is no NTA yet.

Attorney answers (2)

  1. Stuart Jonas Reich

    Pro

    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . A judge can't approve an I-485 if there is no immediately available immigrant visa - so they can't approve if the priority date isn't current when you are before the judge.

    Even if it is, they may not approve anyway, as the I-485 case shouldn't have been filed when the priority date wasn't current. It may have been best to re-file when the priority date WAS current if this was possible; the case would then sit on hold, offering protection as to status and the ability to get employment authorization as long as it was pending.

    Speak with a lawyer for guidance on your current situation.

  2. Rehan Shams Alimohammad

    Contributor Level 14

    Answered . Neither an Immigration Judge nor the USCIS can approve the I-485 unless the priority date is current.

    If you have further questions, let me know.

    Sincerely,

    Rehan Alimohammad
    Attorney at Law & CPA

    Law Offices of Rehan Alimohammad, PC
    Houston Office: 281-340-2074
    Toll Free: 800-814-3920
    Fax: 866-240-0629
    www.attorneyrehan.com

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