Proof from USCIS that F2A can file AOS concurently once PD is current

[f2a485 9]

Ok guys more clear proof from USCIS that F2A can file concurrently if PD is current:

I have copied and pasted below the instructions on page 4 of form I-485 instructions.

12. Evidence of Eligibility to file form I-485

A. Based on an immigrant petition

Attach a copy of the approval notice for an immigrant

petition that makes a visa number immediately

available to you, or submit a complete relative, special

immigrant juvenile, or special immigrant military

petition that, if approved, will make a visa number
immediately available to you.

PD date becoming current means this category has a visa number immediately available as from August 1, 2013. So a complete relative petition (which will be a completed form I-130 in this case) will be sufficient to file form I-485. So you guys can see that the Key for being eligible to file form I-130 as a relative is whether a visa number is available to you.

If your application for AOS gets rejected by error or by some uninformed guy in the mail room, send the application back to them and highlight that section of the form I-485 instructions that clearly states you are eligible to file.

Good luck guys!

[kash1966 0]

Ok guys more clear proof from USCIS that F2A can file concurrently if PD is current:

I have copied and pasted below the instructions on page 4 of form I-485 instructions.

12. Evidence of Eligibility to file form I-485

A. Based on an immigrant petition

Attach a copy of the approval notice for an immigrant

petition that makes a visa number immediately

available to you, or submit a complete relative, special

immigrant juvenile, or special immigrant military

petition that, if approved, will make a visa number

immediately available to you.

PD date becoming current means this category has a visa number immediately available as from August 1, 2013. So a complete relative petition (which will be a completed form I-130 in this case) will be sufficient to file form I-485. So you guys can see that the Key for being eligible to file form I-130 as a relative is whether a visa number is available to you.

If your application for AOS gets rejected by error or by some uninformed guy in the mail room, send the application back to them and highlight that section of the form I-485 instructions that clearly states you are eligible to file.

Good luck guys!

This applies ONLY when your I 130 is approved.

[newacct 688]

This applies ONLY when your I 130 is approved.

Not true. Did you read the text?

[newacct 688]

Ok guys more clear proof from USCIS that F2A can file concurrently if PD is current:

I have copied and pasted below the instructions on page 4 of form I-485 instructions.

12. Evidence of Eligibility to file form I-485

A. Based on an immigrant petition

Attach a copy of the approval notice for an immigrant

petition that makes a visa number immediately

available to you, or submit a complete relative, special

immigrant juvenile, or special immigrant military

petition that, if approved, will make a visa number

immediately available to you.

PD date becoming current means this category has a visa number immediately available as from August 1, 2013. So a complete relative petition (which will be a completed form I-130 in this case) will be sufficient to file form I-485. So you guys can see that the Key for being eligible to file form I-130 as a relative is whether a visa number is available to you.

If your application for AOS gets rejected by error or by some uninformed guy in the mail room, send the application back to them and highlight that section of the form I-485 instructions that clearly states you are eligible to file.

Good luck guys!

However, there are other problems. For example, the instructions for Where to Send the application, does not contain any situation that applies to concurrent filing of F2A. So, basically, the form says, "you are eligible to file, but you can't send it anywhere."

[aaron2020 11,651]

This applies ONLY when your I 130 is approved.

Read the text. It is not "when approved." It is "if approved."

So a person may file the I-485 IF (not when) the underlying I-130 is approved, a visa number is available. A visa number is available if the PD is current in the category.

The text provided by the OP is also in the instructions for Form I-485.

Stop with this nonsense that people cannot file concurrently in the F2a category starting August or that they must wait for an approved I-130.

http://www.visajourney.com/forums/topic/442284-f2a-concurent-filing-of-i-130-i-485-is-legal/?fromsearch=1

Edited July 29, 2013 by aaron2020

[kash1966 0]

Dear aaron2020;

The "if Approved" applies to

" or submit a complete relative, special

immigrant juvenile, or special immigrant military

petition that, if approved, will make a visa number
immediately available to you."

All other applicants have to have a approval before filing the I- 485.

Definitely we will find out on August 1, I hope the way you intreprete is correct but what I read and talk to lawyers its seem to be otherwise.

Good Luck !!

[newacct 688]

Dear aaron2020;

The "if Approved" applies to

" or submit a complete relative, special

immigrant juvenile, or special immigrant military

petition that, if approved, will make a visa number

immediately available to you."

All other applicants have to have a approval before filing the I- 485.

Definitely we will find out on August 1, I hope the way you intreprete is correct but what I read and talk to lawyers its seem to be otherwise.

Good Luck !!

I don't get what you are arguing about. Do you have trouble understanding the English or something? The I-130 petition = "a complete relative petition that, if approved, will make a visa number immediately available to you.". So they are submitting the I-130 petition with the I-485.

And all the lawyers we have seen on the Internet as well as VJ agree that F2A can definitely concurrently file in August.

[aaron2020 11,651]

Dear aaron2020;

The "if Approved" applies to

" or submit a complete relative, special

immigrant juvenile, or special immigrant military

petition that, if approved, will make a visa number

immediately available to you."

All other applicants have to have a approval before filing the I- 485.

Definitely we will find out on August 1, I hope the way you intreprete is correct but what I read and talk to lawyers its seem to be otherwise.

Good Luck !!

Please point me to anything on the Internet from a lawyer that says a person can't file concurrently. No knowledgeable lawyer would say people cannot file concurrently in the F2a category starting this August.

The lawyers you talked to are incompetent or you understood incorrectly.

Will any of these lawyers you talked to willing to post on their websites that people can't adjust?

You say you talked to these lawyers, so let them put their advice with their names attached to it. Because no lawyer on the Internet is saying people can't do it.

Edited July 29, 2013 by aaron2020