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How is processing priority determined for I-485 petitions when the dates are current (F2A is going to be current till Sept) ?

Bankruptcy and Debt 4 views 5 answers
My I-130 with priority date of June 2013 is approved and the I-485 petition has a received date of Aug 5th, 2013 . I'm on H1B and spouse is LPR. 1) How is processing priority determined for I-485 petitions when the dates are current (F2A category is going to be current till Sept) ? 2) Are the I-485 petitions processed based on the I-130 priority date OR based on the I-485 receipt date ? 3) Also, are there any chances of my I-485 petition getting approved by September end ? The F2A is expected is retrogress from Oct. Thanks in advance

Attorney Answers

5
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
1. Processing priority is based on when I-485 is received and whether is complete, free of any mistakes/omissions and ready to be scheduled for the interview at the USCIS district office. 2. See my answer 1 above. 3. Not a chance. The I-485 cannot get approved prior to the case being set for an interview at the district office. Those typically take 3-4 months to schedule, from time of I-485 receipt. You need to be interviewed and your case to be approved during the interview. This can never happen within a month of the I-485's filing. But, what do you care? When F2A retrogresses, your I-485 application will be in "pending" status, you will be lawfully in the US, will receive your employment authorization and travel document card within 2-3 months from filing. Your I-485 will be adjudicated and your green card granted either when the F2A category will become current again, or when your priority date does, whichever comes first.
0 upvotes
J Ferrari ·
By the order in which the I-485s were received and are ready for adjudication.
0 upvotes
Michael Carlin ·
1. Processing based on when I-485 is received. 2. See 1. 3. Not too likely to get an approval by 9/30/2013. If F2A retrogresses, then your I-485 application will be held in pending status by USCIS and you will still be able to have your employment authorization card while your I-485 is pending.
0 upvotes
Robert Louis BrownImmigration AttorneyCleveland, OH ·
1. generally by date received and completion of initial security checks 2. generally receipt date of the I-485 3. Not likely unless CIS takes extraordinary measures to have them completed. 321.208.7324 [email protected] www.brownimmigrationFL.com Robert Brown LLC 4767 New Broad Street Orlando, Florida 32814
0 upvotes
Kyndra Mulder ·
Your I-485 will be processed according to the date received. Your file is placed at the back of the line behind those that were filed before yours.
0 upvotes

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