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Posted on 09 Apr 2009
Q.

Family-based I485 application treated as employment-based

I am from China. The PD of my employment-based EB2 I485 is 3/10/05, and I got EAD and AP through this application. Then in Mar. 2008 I filed a family-based I485 after my husband got US citizenship. My husband and I had an interview, but the officer said she couldnt issue me the green card because my employment-based I485 is still pending. So she forwarded my family-based I485 to the INS office where my employment-based I485 is. And then INS office in Nebraska is treading both appss as employment-based thus waiting for the PD to be current (INS response to the query on me behalf by Senator's staff). My question is if I want to withdraw my employment-based application, will they withdraw both? Also, does an INS office handling employment-based application process family-based application?

User's Location: San Jose, California, United States of America
Category: Family-based Green Card
Posted on 10 Apr 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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