Can I File I-130 and I-485 Together?
The answer to the question of whether you can file I-130 and I-485 together depends on your specific circumstances. In general, if you are eligible to adjust your status in the United States, you may file both I-130 and I-485 together. Here is a breakdown of the requirements:
If you are a foreign national who is currently in the United States and wish to apply for a green card, you will need to file Form I-130, Petition for Alien Relative, and Form I-485, Application for Adjustment of Status, together. Form I-130 is used to petition for a qualifying relative, such as a spouse, parent, or child, to become a permanent resident of the United States. Once the I-130 petition is approved, you can then file Form I-485 to apply for adjustment of status. This allows you to remain in the U.S. while your application is being processed, rather than having to wait abroad for an immigrant visa to become available.
Eligibility to File I-130 and I-485 Together
Immediate Relatives
Immediate relatives, such as spouses, unmarried children under 21, and parents of U.S. citizens can file I-130 and I-485 concurrently if they are eligible to adjust their status. Immediate relatives are given priority in the U.S. immigration system, meaning that their green card applications are processed faster. They are also exempt from certain numerical limits that apply to other categories of immigrants.
Family-Sponsored Immigrants
Family-sponsored immigrants, including spouses, unmarried children, and parents of lawful permanent residents, may also file both forms simultaneously if they are eligible for adjustment of status. However, family-sponsored immigrants are subject to numerical limits, and their processing times can be significantly longer than those of immediate relatives. The availability of immigrant visas for family-sponsored immigrants depends on their preference category, which is determined by their relationship to their sponsor.
In addition to eligibility requirements, it’s important to note that filing I-130 and I-485 together can be a complex process. It involves gathering extensive documentation, meeting strict deadlines, and navigating various government agencies. It’s highly recommended to consult with an experienced immigration attorney to ensure that your application is complete and accurate, increasing your chances of success.
Recent Trends and Developments
The Biden administration has made several changes to the family-based immigration system, including measures to reduce processing times and address backlogs. In 2021, the USCIS implemented a new policy that allows certain categories of family-sponsored immigrants to file Form I-485 without waiting for their I-130 petitions to be approved. This policy applies to spouses and children of U.S. citizens and lawful permanent residents who are residing abroad and have already been approved for an immigrant visa.
Expert Tips for Filing I-130 and I-485
Gather Complete Documentation
The key to a successful I-130 and I-485 application is to provide complete and accurate documentation. This includes evidence of your relationship to the U.S. citizen or permanent resident petitioner, such as birth certificates, marriage certificates, and financial documents. Ensuring that all required documents are submitted with your application will help expedite the processing time.
File Electronically
USCIS encourages applicants to file Form I-130 and I-485 electronically. Electronic filing allows for faster processing, reduces errors, and provides real-time updates on the status of your application. You can submit your forms through the USCIS website using a valid USCIS online account.
Frequently Asked Questions on Filing I-130 and I-485
Q: Can I file for a green card without a sponsor?
A: In most cases, a U.S. citizen or lawful permanent resident must sponsor your green card application. However, there are some exceptions, such as if you are an immediate relative of a U.S. citizen or if you are eligible for asylum or other humanitarian programs.
Q: What happens if my I-130 petition is approved but my I-485 application is denied?
A: If your I-485 application is denied, you may have the option to appeal the decision or refile your application. It’s important to consult with an immigration attorney to discuss your options and determine the best course of action.
Conclusion
Filing Form I-130 and I-485 together can be a significant step in obtaining a green card and becoming a permanent resident of the United States. By understanding the eligibility requirements, following the filing procedures, and seeking professional guidance when necessary, you can increase your chances of a successful application. Remember, navigating the immigration process can be complex, so it’s always advisable to stay informed and make well-informed decisions throughout your journey.
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