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My Priority Date is current but the petition hasn't been approved yet.

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  • My Priority Date is current but the petition hasn't been approved yet.

    So my father is a LPR and filed a I 130 petition for me and my mother. There was a priority date on the receipt of the i 130 which is current now but the petition isn't approved yet. What should we do? Me and my Mother are in the USA.

  • #2
    Originally posted by ionzedi View Post
    So my father is a LPR and filed a I 130 petition for me and my mother. There was a priority date on the receipt of the i 130 which is current now but the petition isn't approved yet. What should we do? Me and my Mother are in the USA.
    File I485, enclosing the receipt notice for I130. That way you would have got the AOS started. The reason to do this is: given your situation (immediate family of LPR) you need to be in status so as to apply for AOS. By the time you receive I130 acceptance, you might be out of status (I do not know your current visa...) in which case you will not be able to do AOS. The downside would be that your AOS will be rejected if your I130 is denied, in which case you will lose the AOS filing fee.
    Just an opinion; Not legal advice.

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