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I-485 or I-130?

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  • I-485 or I-130?

    First off, thank you for helping me figure this out!


    Ok, here is the scenario:

    My mother married a US citizen, and applied for adjustment of status (I-485), which has already been approved and she has her permanent resident card and everything. Problem is, she did not submit an application for me with hers. My name shows on her application as her son under section 3b, but the box that says "Applying with you?" is checked no (the person that filled the application did not know the situation very well..).

    I spoke to an immigration lawyer and she said that my mother could have applied for me as a derivative at the same time she applied for herself (I was and am 20 years old and unmarried), however that was not done.

    So my question is, can i file a I-485 now as a derivative of my mother, or is my only option now to file a I-130? Or Both?

  • #2
    She has to file I-130 for you. Once that is approved and priority date is current, you have to file I-485.

    Procedure at https://www.immihelp.com/family-based-greencard/
    Immihelp Support
    No legal advice. Use at your own risk.

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