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.
Form I-485
New Processing Procedure for Form I-140 and I-485 at the Texas Service Center (TSC) and Nebraska Service Center (NSC)
New processing procures at the NSC and TSC regarding concurrently filed Form I-140 and Form I-485 are creating difficulties for borderline cases. Previous USCIS Memoranda required USCIS adjudicating officers who denied an Petitioner’s Form I-140 to hold the Form I-485 for up to 30 days after the Form I-140 denial in case the Petitioner chose to appeal. Then if the Administrative Appeals Office (AAO) sustained the appeal, the USCIS adjudicating officer would approve the Form I-485. Now, the USCIS will immediately deny Form I-485 when Form I-140 is denied. This means that every Petitioner should make sure that their Form I-140 petition is presented in the best possible light, especially in cases of concurrent filings. Beneficiary’s are also advised to maintain nonimmigrant status, where possible, prior to Form I-140 approval and in some cases, before Form I-485 approval.