Omaha, NE asked in Immigration Law for Nebraska

Q: As at now (in June) I have B1/B2 tourist status. I am physically present in US. My tourist status ends in August.

I would like to submit simultaneously i-140 (EB1 immigration working visa) and i-589 (asylum) in July, i. e. 1 month before my visitor status ends. I know that most probably i-140 result will be sooner than i-589. But both i-140 and i-589 results will be after my visitor status ends. And most probably asylum interview will result in refusal.

In case i-140 will be approved can I apply for i-485, i. e. adjust status to obtain green card while my asylum case is pending? I suppose there can be different answers in 2 cases:

- i-140 approved before asylum interview, and thus, before immigration court. I suppose if my visitor status ended at this time but I am not in deport court proceedings, I am lawfully present in US. Thus, I should be able to apply for i-485. Is it correct?

- i-140 approved after asylum interview, and thus, at the time of immigration court proceedings. I suppose at that time I will not be lawfully present in US and thus cannot apply for i-485. Is it correct?

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1 Lawyer Answer
Shan Dimitris Potts
Shan Dimitris Potts
  • Immigration Law Lawyer
  • Glendale, CA

A: Hello,

Regarding filing two petitions simultaneously, it shouldn't create a issue as USCIS deals with the applications separately, even more so when you apply for asylum. If you are self-petitioning for an I-140 the process is completely different compared to an employer sponsoring you and petitioning on your behalf. I suggest you talk to an immigration attorney in private regarding this situation before filing any petitions, as USCIS does not refund the fees.

All the best.

-Shan Potts

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