Adjustment of Status

I-360 for a Widow of Permanent Resident

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My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently and I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad. I was told that my AOS application was denied since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower. Is this the correct route to follow?

No, widow self-petitions are only available for spouses of US citizens. We may be able to get your I-130 reinstated and appeal the adjustment denial. If you need our assistance, please feel free to call our office at 305-515-0613 or email us at info@messersmithlaw.com.

I-485 Approvals Before Priority Date is Current According to Latest Visa Bulletin

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In the past couple months, we have been seeing some client obtain I-485 approvals where their priority date is not current.  This is contrary to the law and may lead to a future revocation.  The USCIS Service Centers are willing to allow an informal application to rescind the approval and allow the person to retain their pending I-485, along with any approved work or travel authorizations.  Failure to take action in this instance may preclude future immigration benefits such as naturalization and may cause the applicant to lose his or her place in the immigrant visa queue.