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Do I file an I-485 right after my I-130 has been approved? What do I do after my I-130 has been approved?

Brooklyn, NY |

I just got a letter saying the I-130 petition has been approved. The priority date was Nov 2000 and the Notice date is October 2009. What should I expect next to happen? I live in United States but my visa ( type R B1/B2 ) has expired a year ago. Will I still be able to file I-485?And also will my daughters be able to apply for I-485? They are over 21 years old, but when the I-130 was filed I included them too. What do I do now?

The relationship : sister of a U.S. citizen

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Attorney answers 1


What you need to do now is meet with a qualified immigration attorney in person, and bring all relevant documents with you, including the passport with which you entered the United States and the I-130 approval notice. You have left out the single most critical piece of information, namely the relationship to you of the person who filed the I-130 petition. That determines the applicable immigrant visa category, which in turn will determine whether or not your priority date is current.

However, even if your priority date is current, it appears that you are not in valid visa status, and may be ineligible to adjust status. You should go over all your circumstances carefully with an attorney to see if 245i grandfathering may apply to you, if you have been in the country continuously since before April of 2001.

You will need to discuss your complete immigration history with an attorney, since it seems the 10-year bar may apply if you have to leave the country to apply for an immigrant visa. Because your daughters are over 21, you also need to have an attorney review the dates and facts of your case carefully to see if your daughters' ability to immigrate with you may be preserved by the Child Status Protection Act. It is also important to know which immigrant visa category applies because categories permit derivative status for children under 21 to immigrate with you, and some categories do not allow derivative applicants. Your case has many complex elements, and should be dealt with in person by a competent attorney.

This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.

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