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I am in the U.S. on B-1/B-2. A few years ago, my sister, who is a U.S. citizen, sponsored me for an FB4 green card. My priority date will not be current for a number of years. Can I ask USCIS to expedite my case so that I can file an I-485 now and wait in the U.S. until the priority date becomes current?

16 Feb 2023
Posted at 08:24h in Family Based, FAQs, For Families, Immigrant Family, Resident, Visitor by

Answer

It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in a family-based preference category is based on the priority date listed in the monthly visa bulletin. (15.Feb.2023)

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