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?
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
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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