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Posted on 27 Jul 2009
Q.

I-485

I came into this country as a student with a F-1 visa in Dec, 2003. In March 2004, I got married. My husband is a permanent resident and he filed the I-130 petition form in May 2004. The petition was approved in July 2007. After I got married I quitted school. My student visa expired in September 2004. Now I have 2 kids and have not returned to my home country since Dec, 2003. My questions to you are:

1.Am I eligible to file I-485, based on my approved I-130 petition form and available an immigrant visa( my priority day is May 19 ,2004? If not, why?
2 Can I file I-485 for my son,who is 15 and now in US on a tourist visa, with my I-485 based on being the derivative? Or do I have to wait for my 1-485 approval and then apply for my son? (He was listed in my I-130 petition)

User's Location: Atlanta, Georgia, United States of America
Category: Family-based Green Card
Posted on 29 Jul 2009
A.
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User_thumb_2563_Photo_David_Rubman

David Rubman
Immigration Lawyer
Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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