If priority date becomes current while family based i-130 is still under initial review, is it possible to file for i-485?

Asked about 1 year ago - Falls Church, VA

priority date is currently Nov 12th 2012 but with recent speculations i believe the priority date might become current for F2A category.
I hear different theories online about whether one can or cannot apply I-485 if his/her Priority date becomes current while I-130 is still under review. Can you please help to clarify what is one supposed to do when facing such a situation. Thank you.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . Not possible. It is possible to try and hire an immigration attorney to get the I-130 back on track, but it not possible to file I-485 until the I-130 is adjudicated and approved.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . This is what is called a slippery-slope ... meet with an attorney ... 8 months is a long time for an I-130 to be pending.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. John Grayson Davidson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . No.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
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