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US Citizen filing I-130 and I-485 for parents already living in the US

Discussion in 'Family based immigration' started by forparents, Mar 22, 2011.

  1. forparents

    forparents Junior Member

    Hi Ron-

    Thanks a lot for taking the time to answer my question.

    I will be applying for US Citizenship in a couple of months, and I was wondering If I can apply I-485 and I-130 for my parents as soon as I get my citizenship. ( which I reckon I will get sometime late this year or early next year).

    Some background about my parents:
    Dad came to the US on work visa (h1B) and filed for greencard (employer based) in 2004 (EB3), Mom originally came on dependent visa(h4).

    Now, both Dad and Mom have received their EADs and are now waiting for the status to be current.

    My dad wants to know if filing of I-130 + I-485 in conjunction will in any way affect/jeopardize the previous GC process ( employer based).

    I would also like to know on I-485 in Part 2 (Application type), will they fall under option a)

    I would have to file two I-130s and they have to file one each of I-485 correct?

    Really appreciate your help in this matter.

    THanks again
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: US Citizen filing I-130 and I-485 for parents already living in the US

    The moment you become a US citizen, you become eligible to sponsor your parents for immigration. In my opinion, the best way to proceed would be for you to file I-130 petitions for them as soon as you naturalize. Once the I-130s are approved, your parents may then contact the CIS and ask that the basis for their adjustment of status be converted from employment based to immediate relative. The CIS should be willing to do this and then approve their AOS applications immediately. This will save the cost of new AOS filing fees and also speed up their adjustments.
  3. forparents

    forparents Junior Member

    Re: US Citizen filing I-130 and I-485 for parents already living in the US

    Thanks a lot for your reply, that is a great suggestion for saving them some extra time and money. I will suggest it to them.

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