QUESTION

I lost my I-130 Approval Notice (I-797) but still have the Receipt notice for the I-130. Is the receipt notice sufficient for I-485 filing?

Asked on May 08th, 2020 on Immigration - Texas
More details to this question:
My Spouse is a US Citizen and i'm in the process of applying for permanent residence after having I-130 petition Approved. I seem to have lost my I-130 Approval Notice (I-797) but still have the Receipt notice for the I-130. Is the receipt notice sufficient for I-485 filing?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
  U.S.C.I.S. will normally allow an I-485 to be filed with the receipt of an I-130 where the I-130 has not yet been approved when there is visa availability. The difference in your case is that the I-130 has already been approved. Although these are uncertain times, I believe that a reasonable U.S.C.I.S. clerk/officer should allow the filing. You may wish to attach a letter explaining what happened to the approval of the I-130. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 06th, 2020 at 7:48 PM

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