Filing I 485 for my daughter

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Hi regards to all. Can some one please answer my below question.


1. My priority date is 13th Apr 2009. Self, wife and daughter filed the I 485 when the date became current.


2. Having completed the 12th grade my daughter left to India for her Graduation as at that time I did not have a permanent job or the GC.


3. Almost a year after she left all 3 of us got an RFE to get our medical done again. My daughter could not come as she could not give a break to her studies. Me and my wife submitted the response to the RFE and we got out GC's.


4.One Mr Shapiro filled our I 485; but me having taken up a permanent job, my case was transferred to our company's law firm, one Garfinkel law firm. Mr Shapiro refused to respond to mu daughter's RFE as mine and my wife's case was no more with him. So I guess her case was abandoned.


5. My daughter will be here the whole of December 2015. In case if my priority date remains current in Dec 15, can I file the I 485 for my daughter and later turn it to CP? She will have to leave USA on the 1st Jan as her university reopens after the winter break on the 3rd Jan 16.


Would appreciate a quick answer. Regards


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An I-485 can not be "turned into CP." CP is a replacement for an I-485.

If an I-485 is filed and she leaves without AP in hand, the I-485 is considered abandoned.

From abroad, she can go for follow-to-join CP once your I-485 is approved.

Note that there also may be aging out to think about.

I suggest discussing the situation with a good immigration lawyer.

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