Can I file I-130 through my sister, while having an approved I-140 through employment

Currently Indian citizen – I have an approved I-140 through my approval with the
priority date being June 2013. Can I file I-130 through my sister who is a US
citizen and I-485 adjustment of status while I’m waiting in queue? What are the
impacts to my employment based application? If I do file through my sister, does
this process get any faster for me? Appreciate your help.

Asked on January 4, 2018 under Immigration Law, District of Columbia


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You cannot file I-130 and I-485 simultaneously if the I-130 is filed by a sibling because there is no visa immediately available.  That wait time is going to be the same or longer than the already pending I-140 .  The only way you can concurrently file I-130 and I-485 is if it an immediate relative petition such as through a spouse or as a parent of a US citizen.

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