My husband is permanent resident, has GC. I am in US on H-1B visa. He applied I-130 for me under F2A category in April 2013. Next month in August 2013, my Priority date will be current but my I-130 is not approved yet. I only have receipt notice of I-130. My question is since my PD is going to be current next month and I don't have I-130 approved, can I apply for I-485 next month?
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Can I apply for I-485, if my I-130 is not approved
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Can I apply for I-485, if my I-130 is not approved
You can file forI-485 if you are legally in USA. You can also file advance parole and employment authorization.
Your I-485 will be accepted and you will get biometrics. But they will only work on that after i-130 is approved. On other hand you will get advance parole and employment authorization.
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