I-140 was valid or "approvable" at the time it was filed

Asked over 3 years ago - Philadelphia, PA

What is a "valid" I-140?
I-140 was "approvable" at the time it was filed.
What does USCIS look for in an approved I-140 if their intent is to revoke it?

Attorney answers (1)

  1. James A. Bach


    Contributor Level 8

    Answered . "Approvable when filed" normally refers to an I-140, I-130 or labor certification that is filed on or before April 30, 2001. That was the effective date of INA 245(i), a law that provides that valid petitions filed on or before that date will enable the applicant to apply for adjustment of status (i.e., apply for a green card in the U.S.) even though the applicant entered the U.S. illegally, worked without authorization, or overstayed the time permitted under the visa.

    Once an I-140 is approved, it can still be revoked if the USCIS concludes that it was approved in error. Before revocation, the USCIS will first send a "Notice of Intent to Deny" (NOID) that summarizes the problems with the case and gives the petitioner a chance to respond. There is a deadline for responding, and it is advisable to hire an immigration lawyer with extensive experience in I-140 issues to assist in preparing the response.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,270 answers this week

2,928 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary