In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
***
QUESTION: I filed an I-130 petition for my wife, who is in India. When I filed the I-130, I was a permanent resident. Now I am a citizen. What is the process for having USCIS process my I-130 as the wife of a US citizen?
THE IMMIGRATION ANSWER MAN – ARI SAUER: When an I-130 is filed under the F-2A preference category, as the spouse of US permanent resident, and the petitioner later is naturalized and becomes a US citizen, the I-130 petition automatically moves to the Immediate Relative category. However, the USCIS office that approved the application for naturalization will not notify the USCIS office that is processing (or that approved) the I-130 petition, so the petitioner must notify USCIS that they are now a US citizen. You do this by sending a copy of the Naturalization Certificate, along with a copy of the I-130 Receipt Notice (or the I-130 Approval Notice, if it has already been approved) to the USCIS Service Center that is processing the I-130, along with a letter asking them to update the I-130 petition now that the petitioner is a US citizen. The address to use to send the notice is the address listed at the bottom of the I-130 Receipt Notice or the I-130 Approval Notice, although if you have received a Notice of Transfer informing you that the I-130 has been transferred to another USCIS office, then you would use the address listed at the bottom of the Notice of Transfer. However, if you are working with an immigration attorney for the I-130 petition, you should let your attorney know of your new US citizen status and follow their instructions.
***
QUESTION: I am in the US is E-2 status. My husband is a Permanent Resident and he filed an I-130 petition for me last year. My priority date is available now. Can I file an I-485 while my I-130 is still pending?
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 that the priority date for the petition has been reached under the DOS Visa Bulletin.
Just a bit of warning, though. It appears that you are relying on the DOS Visa Bulletin’s “Dates for Filing” chart, rather than the “Final Action Dates” chart. Please note that you can only file an I-485 based on the “Dates for Filing” chart in a month where USCIS has authorized use of the “Dates for Filing” chart. Each month, a few days to a week after the DOS Visa Bulletin is posted for the following month, USCIS will issue their own statement as to whether the “Dates for Filing” chart for that month can be used for the early filing of
I-485 applications in that month. For some months, USCIS will not accept I-485 applications unless the priority date is current on the “Final Action Dates” chart of the Visa Bulletin. To check whether the USCIS allows you to use the “Dates for Filing” chart for each month, go to https://www.uscis.gov/visabulletininfo.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.