2月14日，有位读者问：「母亲绿卡身份申请儿子绿卡，儿子在美国上大学，19岁。F2A，Priority Date 是2017年04月08日，但现在130还没有批准。B表是2017年5月1日。她儿子现在可以提交485吗？」
In general, if you are filing as a beneficiary of an immigrant visa petition (such as Form I-130, Form I-140, or FormI-360), you may file an adjustment application only after USCIS has approved your petition and an immigrant visa number is immediately available. There are, however, some immigrant categories that allow you to file Form I-485 before USCIS approves your petition (this is known as “concurrent filing”), provided that approval of the petition would make a visa number immediately available and you meet all other filing requirements.
- 通常情况下，I-130/I-140 批准之后才能递交I-485。
- 如果 I-130/I140 尚未批准，①部分移民类别、在②有签证名额的情况下，仍然可以递交 I-485，即 concurrent filing。
USCIS 官网 Concurrent Filing 解释如下：
In certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition. You may concurrently file your Form I-485 only when approval of the underlying immigrant petition would make a visa immediately available to you. If you are an immediate relative, you can always concurrently file your Form I-485 application with the underlying Form I-130.
If you are seeking adjustment of status under a family-sponsored and employment-based preference category, you may concurrently file your Form I-485 with the Form I 130 or Form I-140 only if:
- Your priority date is earlier than the cut-off date listed in the “Application Final Action Dates” chart in the monthly Visa Bulletin for your preference category and country of chargeability;
- The Visa Bulletin chart indicates “C” instead of a specific cut-off date, meaning that your preference category and country of chargeability is current and that you may file Form I-485 regardless of the priority date; or
- When permitted by USCIS (as described above in “Acceptance of Adjustment Status Applications”), your priority date is earlier than the cut-off date listed in the “Dates for Filing Applications” chart for your preference category and country of chargeability.
- 若表A有排期，你可以提交 I-485。
- 若表B有排期、且表B适用时，你也可以提交 I-485。
以上只是我的理解，不是 legal advice，建议遇到这个问题的读者联系移民律师。