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Should I withdraw I-130

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  • Should I withdraw I-130

    Hi,
    I received my US citizenship in October 2007. My mother has been visiting US for the last 10 years every 6 months.

    She arrived in US on 17-Apr-08 with an I-94 date of 16-Oct-08. I applied for I-130 petition on 10-May and we got a letter that they have received the application dated 22-May-08.

    We didn't realize that we could apply I-485 together with the option for the adjustment for status and we thought that the I-130 gets processed immediately because she is an immediate relative.

    Then we saw on the processing times for the California Service Center that on 15-May-08 they were processing cases from 17-Nov-07 thats a lag of 5 months.

    Now we are worried that her I-130 won't get processed before 18-Oct-08 and we won't be able to apply her I-485 before that date.

    We have two questions
    1. We don't understand at what stage we can apply for I-485, Do we have to wait for all the I-130 process to complete or can we apply earlier?

    2. Can we withdraw the I-130 application and resubmit with everything together?

    Please help

    dkslc
    Last edited by dkslc; 06-14-2008, 11:43 AM.

  • #2
    You can apply for I-485 RIGHT NOW, with a copy of the I-130 receipt. Send all together to the Chicago Lockbox.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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