Cumming, GA asked in Immigration Law for Georgia

Q: Filing form I-485 separately after I-130 was filed online.

I am a U.S. citizen applying for Green Card for my mother. She is currently on a B2 Visa admitted until 11/23/2021 per her I-94 record number. I filed I-130 online on July 27, 2021 and received confirmation of receipt from Potomac Service Center. They are currently processing June 04, 2020 I-130 applications. Would like to know if she can apply for I-485 to adjust status and be able to stay in the country passed her admittance date. Thanks.

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3 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: Yes. You can file for Adjustment of Status while you are waiting for a decision on her I-130. Make sure to include a copy of the Notice of Action confirming receipt of the I-130 and a copy of the I-130 that was submitted. Best wishes!

1 user found this answer helpful

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: You did things incorrectly.

You should have prepared a One Stop concurrent AOS to LPR package instead of filing a standalone I-130.

Immediately seek a legal consultation as you may damage your mother's case even more.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You mother is an immediate relative of a USC. You should have filed the I-130 and the i-485 at the same time. Yes you can now file the I-485.

1 user found this answer helpful

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