QUESTION
Transfer of Pending I-485 (AOS) from denied NIW I-140 Petition to Approved NIW I-140 Petition
Asked on Aug 24th, 2022 on Immigration - Texas
More details to this question:
I filed a form I-485 (AOS) in June 2021, underlying an NIW I-140 petition. That underlying NIW I-140 petition was denied by the USCIS in December 2021. Then, I filed another NIW I-140 petition in January 2022, which is approved in August 2022. As of today, My I-485 is still pending with NBC. Because of the denial of the original underlying NIW I-140 petition, Will my pending I-485 be denied automatically? Or will USCIS link my pending I-485 with the approved NIWI-140 petition and process further steps accordingly? I appreciate your time here and the information. Thank you in advance :)
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
USCIS policy is that there is no allowance of transferring the I-485 to another petition where the underlying petition has been denied. Unless the agency makes a mistake, the I-485 would be denied and you would have to file another if you are still eligible to do so. If you can, you may wish to be proactive and file another I-485 rather than waiting for the result of the earlier filed adjustment of status application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Sep 02nd, 2022 at 6:00 PM