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How to Correct Misfiled I-140 Petition

By Joel Stewart

A question that comes up frequently is what to do if the I-140 Petition was filed with the wrong preference category checked off. The problem is especially critical in cases where the preference petition is accompanied by an adjustment of status. If the petition is denied, the adjustment will be denied, and the client will fall out of status. There is authority to correct the preference petition, however, prior to the final decision. According to the NCS Liason Meeting of January 25, 2007, NCS stated, "unless there is a clear evidence in the fie to indicate that the wrong classification...

Full post as published by Joel Stewart's Blog on February 28, 2009 (boomark / email).