Tampa, FL asked in Immigration Law for Florida

Q: Applying for green card

I have filed i130 in USCIS site as a beneficiary of a green card holder. In my account it shows that: "Your benefit request has been accepted and is under review." I am wondering whether I am able to file I485 now? If not, when can I do that? How can I be informed about approval of my i130?

Thanks in advance.

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2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Currently an immigrant visa is immediately available to the spouse of an LPR so yes you can file the I-485 and request it be jointed to the I-130. Your I-130 is not approved it is only accepted for consideration.

Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Consider scheduling a consultation with an experienced immigration attorney. A spouse of a U.S. legal permanent resident seeking to adjust status in the United States should maintain some type of lawful status up through the date an application to adjust status is adjudicated. You do not indicate in your question what is the beneficiary's status in the United States. Moreover, you do not indicate whether the beneficiary's last entry to the U.S. was via a lawful inspection and admission (or parole), which is a requirement for adjustment. Again, speaking with a competent immigration attorney at a privileged consultation is likely a good idea. Many firms are offering online consultations via Skype, Zoom or otherwise during the COVID-19 pandemic.

Stephen Arnold Black and Ms Grace I Gardiner agree with this answer

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