Can You Submit I-130/I-485 or I-140/I-485 When the Priority Date Is Not Current?

In the process of applying for U.S. lawful permanent resident status (green card), whether your Form I-485 (Application to Adjust Status) is accepted depends on whether a visa number is available for your immigration category—i.e., whether your priority date is current.

Below is an overview of the risks and recommendations regarding filing Form I-485 before the priority date becomes current.

1. When Can You Submit Form I-485?

You can submit I-485 only under the following two conditions:

(1) Your priority date is current in the visa bulletin for your immigration category;

(2) When USCIS officially allows the use of the “Dates for Filing” chart, your priority date is earlier than the date listed on that chart.

Note: USCIS must explicitly announce each month that the “Dates for Filing” chart (commonly referred to as Chart B) can be used. Otherwise, you must go by the “Final Action Dates” chart (commonly referred to as Chart A).

2. What Happens If You Submit I-485 Before the Priority Date Becomes Current?

If you file Form I-485 before your priority date is current, you may face the following risks:

(1) USCIS may reject the filing outright (not accept it) or later deny the petition;

(2) Such a filing does not confer lawful presence or a “bridge” status;

(3) If your existing visa status has expired, you may be:

• Considered unlawfully present in the U.S.;

• If over 180 days of unlawful presence: subject to a 3-year reentry bar;

• If over 1 year: subject to a 10-year reentry bar;

• Ineligible for benefits such as an Employment Authorization Document (EAD) or Advance Parole (AP) based on the improperly filed I-485.

3. Recommended Best Practices

Situation	Recommendation
(1) Priority date is not current	Wait until the priority date becomes current before filing I-485
(2) Uncertain about which chart to use	Consult an immigration attorney and verify the current USCIS bulletin
(3) Current status is expiring	Consider applying for a B-2 visa extension or other measures to maintain legal status
(4) I-485 was mistakenly submitted early	Contact an attorney immediately to assess whether to withdraw or remedy the situation

4. What If the Priority Date Becomes Current at Filing, But Retrogresses Later?

If the priority date is current at the time of I-485 submission, but the visa bulletin retrogresses later while the application is pending:

(1) USCIS will continue processing the I-485;

(2) A pending I-485 constitutes authorized stay;

(3) Even if your original status expires during the process, you are not considered unlawfully present;

(4) You can still apply for an EAD and Advance Parole;

(5) If USCIS ultimately approves your application, you will receive your green card.

5. Summary

You cannot submit I-485 before your priority date becomes current. It is highly recommended to monitor USCIS monthly Visa Bulletin announcements (available here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin), and consult an immigration attorney to determine the correct filing time and strategy for maintaining lawful status, ensuring the validity of your application and continuous lawful presence.

(Disclaimer: The information provided is for reference only and should not be construed as legal advice. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)