Legal Question in Immigration Law in Alabama

Can I file a 2nd I485 while my Employment based I485 is pending?

My I-485 filed via employer is pending for availability of Visa numbers. Meanwhile The I-130 family based petition my father filed for me got approved. Can I file a 2nd 485 while my employment based I485 is pending?

Asked on 4/24/10, 1:30 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Is your family-based I-130 petition priority date is current? It's not enough for I-130 to be approved. The priority date on your I-130 has to be current too.

No, there could be no two separate I-485 applications for adjustment of status pending at the same time. Consult an immigration lawyer for a case-specific advice - as to what is the best course of actions.

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Answered on 4/29/10, 2:04 pm

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