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vivekchittamuri

I-130 Approved, Priority Date Not Current. Next Steps?

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When I-130 is approved in sibling category & the priority date is not current. Should we go ahead and apply for I-485 COS ?

My initial understanding was that I-130 family based is usually approved by USCIS ONLY when the priority date is current or when I-485 has to be applied by the recipient.

What would be my next steps in this scenario?

Edited by vivekchittamuri

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The beneficiary has to wait for the PD to be current to file an I-485 (if the person is in the US) or do Consular Processing. The NVC (National Visa Center) will send a letter when the PD is close to being current.

For siblings of US citizens, the wait time is about 14 years right now.

If an I-485 is filed before the PD is current it will be returned or denied. It is completely irrelevant when USCIS approves the I-130. The beneficiary ALWAYS has to wait for the PD to become current.

Edited by JoeF

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You cannot apply for AOS/i-485 until your priority dates are current. There is no workaround for it.

You can check latest USCIS Visa Bulletin and see if your priority dates are current to be able to file i-485 at this time. See it here :

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-july-2018.html

I am assuming you are applying under F4 Visa ? If yes, then your dates are not current

Edited by xTDx

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