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Employment based and Family based Green Card I-485 pending. Employment based application now approved.

Philadelphia, PA |

I had an employment based green card application pending since August 2007, the i-140 was approved in 2009. In Aug 2012, I married a us citizen, filed for a new i-485 in November . We had a successful interview in February but the officer said he could not approve right away, because of the pending Employment based application. 4 weeks after the interview, we received a letter saying our my file was transferred to the employment based file office to speed the process. On April 1st , the employment based Green Card was approved for 10 years, I received the card last Saturday April 6th. Now what will happen to the family base application? What do i have to do again? Online status check of the family based i-485 and i-130 read Initial review. Thank you

Thanks All for your answers. One more questions. Please tell me, can i apply for Citizenship three years from April 1st 2013 because i am married to a us citizen or i have to wait 5 years because my Green card is employment based? Please note we are married in August 2012 live together, have 1 child and i became LPR on April 1st 2013. Thanks

Attorney Answers 4


  1. It appears that, based on your information, you are now a Lawful Permanent Resident, and you are in possession of a green card that is valid for 10 years. Congratulations!

    USCIS will not grant permanent resident status to a person who already has permanent resident status. Although it is not clear exactly what USCIS will do with your family-based I-485, they might deny it based simply on the fact that you are already a permanent resident.

    USCIS should issue a decision (approval or denial) of the pending I-130 Petition, based on the evidence they have.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  2. Because you have received your greencard based upon employment, issuance of Green-card based o family based petition should be dismissed as moot.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012


  3. Now what will happen to the family base application?
    It will be cancelled, as you are already a permanent resident.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. You are a permanent resident based upon the Employment Based petition. The I-130 should be approved if there is a bona-fide good-faith marriage. The second I-485 will probably be denied if you have already adjusted status.

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