"Have you ever applied for permanent resident status before" question

[aguy 0]

Hi,

In 2007, I had concurrently filed I140 (NIW/EB2) and I485. My I140 petition was denied.

I reapplied, and I140 (NIW/EB2) was approved. I am now current and will file form I485. How should I approach this question on I485 -

"Have you ever applied for permanent resident status before? If yes, give date and place of filing and final disposition."

I think I should say no because the I485 was never in the game since the I140 was rejected, but I am not sure.

Can someone here offer their input?

Thanks!

[kzielu 1,149]

I would say filing I-485 equals applying for a permanent resident status.

[aaron2020 11,651]

Your answer should be "yes." It doesn't matter that the I-140 was denied. You file the I-485 to adjust your status and apply for permanent legal residency.

The question is not if you were denied. The question ask if you ever applied for permanent residency. The answer is yes once you applied for permanent residency by submitting the I-485.

[aguy 0]

Your answer should be "yes." It doesn't matter that the I-140 was denied. You file the I-485 to adjust your status and apply for permanent legal residency.

The question is not if you were denied. The question ask if you ever applied for permanent residency. The answer is yes once you applied for permanent residency by submitting the I-485.

Thank you for your reply. How should I address "If yes, give date and place of filing and final disposition". Will something like the following be okay?

"I140/I485 filed concurrently 07/01/2007 in CA, I140 denied on xyz date."