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

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.

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Attorney answers 3


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



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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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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