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I-130 vs I-485

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  • I-130 vs I-485

    Hi,
    I wondered if someone could help clarify something. My parents began filing for permanent residency status back when I was in high school. The process was drawn out, and I turned 21 before it was approved and residency was granted. Now, my dad has to file a separate application for me, but I've never left the country and still live here.
    Am I supposed to file the I-130 for a visa that I don't need...or the I-485, or both?
    I guess my real questions are
    -what exactly is the role of the I-130? And,
    -if I'm already in the States, do I still need to fill it out? And, if so,
    -can I file the I-485 concurrently?

  • #2
    Hi,
    I wondered if someone could help clarify something. My parents began filing for permanent residency status back when I was in high school. The process was drawn out, and I turned 21 before it was approved and residency was granted. Now, my dad has to file a separate application for me, but I've never left the country and still live here.
    Am I supposed to file the I-130 for a visa that I don't need...or the I-485, or both?
    I guess my real questions are
    -what exactly is the role of the I-130? And,
    -if I'm already in the States, do I still need to fill it out? And, if so,
    -can I file the I-485 concurrently?

    Comment


    • #3
      what is immigration status do your parents hold? Are they U.S. citizens or Permanent Residents?

      What immigration status to you currently hold?
      Are you here legally? If so, on what type of visa did you enter the U.S.?

      To answer your questions:

      The I-130 is the petition that outlines your relationship to the lawful U.S. permanent resident or citizen. It is required unless one has already been approved on your behalf.

      The I-485 is an application that you make to apply for permanent residence. This application may be filed concurrently with the I-130, but it will not be adjudicated until after the I-130 is approved. That being said, concurrent filing USUALLY results in a shorter total overall processing time.

      The above assumes of course you are inside the U.S. legally. If you are not in a legal status you will not be allowed to adjust your status to permanent resident inside of the U.S.

      Comment



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