Q: My I-130 is still under process, but visa bulletin dates are current, can I file I-485?
My Spouse is Permanent residence (Green Card) of the United States, I filed my i-130 and my priority date mentioned in the receipt is 6th May 2019, but the visa bulletin for July 2019 for F2A category is showing up Current (C). My question is, with the reference of the July's visa bulletin, can I file my i-485 even though my priority date is 6th May 2019 but the visa bulletin for July 2019 is Current?
A: The answer on this is generally yes, assuming you have otherwise maintained lawful immigration status in the US and have not worked without authorization. Keep in mind also that when to file the I-485 is governed not only by the Visa Bulletin, but also the USCIS Adjustment of Status Filing Chart (https://www.uscis.gov/visabulletininfo). The latter indicates whether family-based and employment-based adjustment applicants should use the Date for Filing Chart or the Final Action Date chart from the Visa Bulletin. For July 2019 and for August 2019 as well, USCIS has authorized F2A applicants to use the Final Action Date chart, which as you noted has gone current. So it's a great time right now for F2A applicants to file the I-485, and I'm urging my clients in this situation to file the I-485 asap.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
