Currently on TPS/F2A priority date May/2023

J

janethvg

New Member
Hi, My aunt filed her own petition for green card (Permanent resident husband petitioned her), and has a priority date of May 2023. I see that date for filing for F2A is now September 2023. Does that mean she can already file I-485 or must wait for I-130 approval? She is currently on TPS and has not accumulated any unlawful time in the US.
 
Was she never out of status (on this stay or any previous stay) before getting TPS? (I am not asking about "unlawful presence", but any time that is "out of status".) If so, she can file I-485 now. She does not need to wait for I-130 approval. (And in fact, she could have filed I-130 and I-485 together, as the I-485 filing chart for August 2023 and for several years before, showed "C" for F2A.)
 
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