My question is that my i485 was pending at the time i filled i360 and now that i have i360 approved what should I do , filled again or activate the pending case of i485 . If he is CU6 how long it will take to receive my residence and will that be permanent or temporal .
Since the I-360 is now approved you likely will have to file a new I-485 based on your new status as a battered spouse. The fact that you were granted I-360 means that you do not need to be under his I-485 any more, as you were able to self-petition. You should have had an attorney assist you that process. The approval of the I-360 means you can apply to adjust now on your own. It is possible since he has already been granted CU6 that you may have been also granted so retain an excellent immigration attorney as soon as possible who can check. If you already have status you do not need to apply for a new status. Consult an AILA immigration attorney and choose carefully through AVVO .
If your I-485 was pending when you filed the I-360 then your I-485 is supposed to be held in abeyance. Since your husband is only an LPR you will have to wait for second pereference priority date to become current before your status can be adjusted. If your I-485 was denied prior to your I-360 being filed, then you will have to wait for the priority date to become current before you an reapply for adjustment of status. This can be a confusing area of law and I recommend that you consult with an experienced immigration attorney who can review your case and advise you how best to proceed.
Get free answers from experienced attorneys.
29,951 answers this week
3,139 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary