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renzy.benzy

I-360 approved, I-485 still pending after 2 years. Lawyer suggest filing new I-485. Need advice

By renzy.benzy in Effects of Major Family Changes on Immigration Benefits

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renzy.benzy Rookie

renzy.benzy   1

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Hey guys,

 

Posting on my friend's behalf to see if anyone has any experience with a familiar situation. So, here’s the story: my friend got married back in 2017 and unfortunately marriage took a sad turn and while her I-130 and I-485 were pending, she has filed for I-360. In 2020 her petition was approved by USCIS, but there have been no changes with regard to I-485. In 2021 she received an interview notice for I-485, which she attended with her lawyer, but still, there have been no changes/updates at all. Now she is searching for another attorney in hopes that someone will handle the case better and just last week, this new attorney that she is thinking to hire told her that after reviewing her documents - she has to file separate I-485 in order to receive a green card. His theory is based on the fact that the original I-485 was marriage based and will not go further until she files a new one based on I-360 approval. Not sure if I have presented everything in an understandable/clear manner but I hope you get the idea. Any ideas/suggestions are highly appreciated. Thank you!

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Boiler Grand Master

Boiler   43,597

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Filed: K-1 Visa Country: Wales
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So she filed for VAWA, nothing to do with you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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