It is True that I Must Get I-130 Approval
and Wait for Visa Availability to File I-485?

Help Desk:

My I-130 application is pending on USCIS Service Center, which was filed by my father who is US citizen. I want to know when can I file my I-485 Adjustment of Status? It is true that I must get I-130 approval and wait for visa availability?


Answer:

The application for adjustment of status cannot be filed until an immigrant petition I-130 is approved and an immigrant visa is immediately available for you. The priority date determines the order of the visa availability. For family-based immigrant petitions, the priority date is the date the form I-130 was filed with the USCIS.

If your priority date is before the date indicated on the U.S. State Department monthly visa bulletin, for your category and your country, you may file for Adjustment during the month for which the chart is published.

 

 

 


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