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Can My Wife and Son File Form I-485 based on my NIW I-140 Approval?

Hi William:

I recently received my Green Card based on the NIW I-140 approval. My wife and son arrived U.S. from a third country recently. Can they file Form I-485 based on my NIW I-140 approval also? Is there a expiration date to file I-485 application for my wife or son? 


Commonly, individuals want to file the I-485 as soon as they are eligible to do so. This would be the first date of the month in which one's priority date becomes current. Eligibility as a derivative continues as long as the individual is still a spouse or child. It does not expire.

As the derivative beneficiaries, your wife and son can proceed with their I-485 filings if they are in the United States. There is no set expiration date for eligibility to process a derivative I-485 adjustment filing. 

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