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Immigration Issues/sponsored by husband who is a green card holder


My husband filed a stand alone I-130 application for me in March 2008. Notice of approval does not have a priority date yet. I assume they will send me a notice when the case gets closer to processing times.  
The problem is that I am currently in unlawful status (entered legally on tourist visa but overstayed), so even if priority date becomes current I will not be able to adjust my status here unless provision 245i is extended. I am aware that for my adjustment of status to be successful my husband has to become a US citizen.
My question is: What happens if the priority date becomes current before my husband is a US citizen? Do I do nothing and just wait for him to become a citizen and then file 485 and other applications. What happens with the I-130 filed on 2008? I suppose I don't have to file I-130 again after he becomes a citizen. Please clarify.
Thank you.

Hello Maggie:

Once your priority date becomes current, you will be expected to complete the adjustment of status process. If you do not take any action, you case will be closed administratively after a statutory period. Once your file is closed, you may not be able to file the 485 adjustment of status application. You will then, have to start the process anew.


Annick Koloko

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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