I-140 and I-485 are handled differently

Question: My lawyer told me that as long as I-140 is approved, the I-485 should be approved too. Is this right?

Answer: It may or may NOT be ture. The I-485 process and approval depends on many factors, such as your priority date, name
check, and more.

Your I-140 petition will be first adjudicated as separate from I-485 for adjustment of status , and the USCIS will issue receipt notice as if I-140 was filed independently. Before your I-140 petition eligibility review is completed or I-140 is approved, the I-485 application will remain on hold.

The processing times of I-140 petition and I-485 tend to be inordinate due to a number of factors. Accordingly, depending on the date when the I-140 or the I-485 was filed, the processing and adjudication of such cases are handled differently.

In order for the I-485 adjudication to be completed in the same pace as the I-140 adjudication, the USCIS Service Centers may need to finish the name check and fingerprint job. http://www.greencardapply.com/i485/i485_concurrent.htm



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