Can I apply for I-485 on F1 visa?

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Can I apply for I-485 on F1 visa?

My grandfather applied for immigration petition for my mother third preference 12 years ago. Currently, my 2 sisters and I are in the U.S. on an F1 visa. My mother has a B1 visa with which she keeps on visiting us. For this, I wanted to know if we can file for I-485 adjustment of status while we are waiting for our visa? We are still waiting for our call.

Asked on February 6, 2017 under Immigration Law, Virginia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot file I-485 until the priority date on the petition your grandfather had filed is current.  Depending on what country of origin your mother is, the priority date may be coming current soon (worldwide).  You should be checking the monthly visa bulletin published by the US Department of State to see how the priority date of your petition is moving.


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