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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption