Q: Will the priority date for my i-130 also apply to my i-485?
We submitted the i-130 and i-485. The i-130 was accepted and I received the 797 notice of action for it. This notice has a priority date. The i-485 was however rejected because a priority date could not be determined. I want to know if the priority date on the i-130 would also apply to the i-485. In the rejection letter, they said to send a copy of the i-797 for the i-130 when I get it.
A:
More information is needed to determine why the I-485 was denied. However, based on what you have stated it may be that you are not entitled to adjust status immediately and you must wait to file the I-485 until the I-130 is approved and the priority date reached.
To know specifically what is occurring in your case consult with an experienced immigration attorney.
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