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?
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.
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.
