Methuen, MA asked in Immigration Law for Massachusetts

Q: I'm a F1 visa with 3 F2 dependents. My petitioner-sister/US Citizen, sent I-130 for me. When should I file I-485?

Do I file I-485 for each, self and 3 dependents?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: With regards to when you should file: It depends when your sister sent the petition. It also depends on your country of origin. Go to:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

and select the most recent visa bulletin. Page down to “Dates for filing family-sponsored visa applications,” choose row “F4”, and select your country of origin. If it is any country other than those listed, it will be in the far-left category.

If the priority date for the petition your sister filed is earlier than the date listed, then you can apply to adjust status if you are in status right now. If it is later, then you can’t adjust yet.

If you can adjust, you will need one application for you and one for each of your dependents.

We strongly recommend that you consult with an immigration attorney. Given the nature of F4 petitions like this, it is highly unlikely that you will be able to adjust status.

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