THE IMMIGRATION ANSWER MAN – ARI SAUER: You can file the I-485 Application for Adjustment of Status while the I-130 Immigrant
Petition is still pending
(meaning it has been filed with USCIS and you have the Receipt Notice, but has not yet been approved), assuming you meet all other eligibility requirements, including …
Does I-130 need to be approved before I-485?
Who can file Form I-485? … This means that
Form I-130 must already have been approved
(as in the case of the spouse of a green card holder) or the I-130 and the I-485 forms must be concurrently filed (as in the case of the spouse of a U.S. citizen).
How long does it take to process I-130 and i-485?
Most Form I-130 petitions for immediate relatives are approved within a
5 to 9 month time frame
, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.
Can I-130 be approved and I-485 denied?
If Your I-130 Petition is Approved, But
Your I-485 Application is Denied
. It's also possible that your marriage-based petition could be approved, but your I-485 application for permanent residence is denied.
Can my wife visit me in the US while I-130 visa is processing?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is
pending
. … Your spouse may wait abroad for immigrant visa processing.
Who qualifies for i485?
First, the
applicant must be in the United States after being lawfully inspected and admitted or paroled
. In most cases, this mean that the individual is in the U.S. with a nonimmigrant visa such as a student, temporary employment, temporary visitor or K-1 fiancé.
How long can you stay after 485 denied?
If your I-485 get denied in day X, Then you have to leave, let us say
within 180 days
because after 180 days you will be subject to the 3 or 10 year bar. Few days or weeks stay after denial almost will not hurt in future entry with another visa. If you want to consider 180 days after denial is grace peroid, that is OK.
What are the reasons for i-485 denial?
- You fail your medical exam. …
- Certain criminal violations.
- Immigration violations such as illegal entry or abuse of the visa process.
- Noncompliance with the application requirements. …
- Failure to Attend Appointments.
Can you appeal a denied I-485?
Getting any application denied by USCIS can be heartbreaking. One option is
to file a Motion to Reconsider or a Motion to Reopen with USCIS
. … Alternatively, you can request a review from USCIS's Administrative Appeals Office (AAO).
How long does it take for I-130 to be approved?
For immediate relatives (spouse, parent, or child) of a U.S. green card holder (legal permanent resident), processing times for Form I-130 currently vary between 13.5 and 19 months. For immediate relatives of a U.S. citizen, I-130 processing times currently average
15 to 20 months
(as of June 7, 2021).
Can you stay in US while I-130 is pending?
If your family member or employer has merely started the process off for you, by filing what's known as a petition (typically on USCIS Form I-130 or I-140), that's not enough.
A pending or approved petition from a sponsor gives you no rights to come to or remain in the United States
.
Can I travel while I-130 is pending?
Nevertheless,
it is possible to visit the US with a pending I-130
, and we have seen many clients do it. … In these cases, individuals who do intend to immigrate permanently to the US at a later date may still have the option to visit temporarily before their immigrant visa case is approved.
How long does it take for the I-485 to get approved?
After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from
8 to 14 months
. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor.
How much does it cost to file I-485?
| If You Are… Form Fee Total | Under 14 and not filing with the I-485 application of at least one parent $1,140 $1,140 | Age 14–78 $1,140 $1,225 | Age 79 or older $1,140 $1,140 | Filing Form I-485 based on having been admitted to the United States as a refugee $0 $0 |
|---|
Can I file i485 myself?
i-485 is a personal application and many employers do charge you to file it too. In that sense,
you can file i-485 yourself with your own personal attorney
. But you will still need a valid offer of employment from a US employer and preferably a 485J supplement to avoid any denials.
What is next after i485 approval?
After your adjustment of status (I-485) petition is approved, you (and your dependents who applied with you) need to go to the nearby U.S. Citizenship and Immigration Services (USCIS) local office to
get your passport stamped
. … With the exception of children under 14 years of age, passport stamping is required.
