Q: Eligibility for a transfer of i-485
I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married to a USA citizen. My question is if I am eligible for a transfer of my i485 or not. I read that I am eligible if I have no break in the continuity of my underlying eligibility. But I cannot find any information on if/when eligibility is terminated. My question is if I am still eligible or if I lost my eligibility immediately after the divorce?
Thank you in advance for the help.
A: I’ll be honest with you; both immigration cases require a licensed immigration attorney. There is no other way to handle it professionally.
A: More information is needed. There are likely issues about your marital relationships best discussed and evaluated by a competent and experienced immigration and visa attorney in an office setting. This, before you decide what is in your best interest.
Samuil Buschkin agrees with this answer
A: I would need to gather more facts and look at your documents and you should speak to a lawyer but I think that the I485 relates to your first petition and you would absolutely need to submit a second one based on your second petition with husband #2. Again, can only be answered after a full case evaluation.
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.
