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


At this point my priority date is current. Unfortunately I can't adjust my status since my visa expired. I will be able to do so when my husband becomes a citizen.
The question is whether I will need to file a new I-130 when my husband becomes a citizen? Or will I be able to use the one we filed in March 2008?
Another thing is that on my notice of action there is no priority date. I simply assumed that the date when USCIS received an application is my priority date. Is that correct?

Thank you.


You will be able to use the original I-130 petition filed by your spouse. As the spouse of a lawful permanent resident, you do not have an immediate priority date. As the spouse of a US citizen, a visa will be immediately available to you.


Annick Koloko

Immigration Issues

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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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