Houlton, WI asked in Immigration Law for Wisconsin

Q: Can I file I-485 and I-130 for my mother separately, or do they need to be completed at the same time?

My mother is in the US as a tourist (B2). I would like to adjust her status and apply for a green card for her. I am a US Citizen. Can I file for Adjustment of Status (I-485) first, then once approved, complete the (I-130)? Or do both forms need to be filed at the same time?

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3 Lawyer Answers

Kevin L Dixler

  • Immigration Law Lawyer
  • Chicago, IL

A: No, you must file the I-130, first. Note that there may be reasons to disqualify her from adjustment of status. She cannot work until she has work authorization.

I strongly recommend an appointment with a competent and experienced immigration attorney before filing, so there are not any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Ms Grace I Gardiner agrees with this answer

Ms Grace I Gardiner

  • Immigration Law Lawyer
  • New York, NY

A: I agree with the previous attorney based on the phrasing of your question you then to speak with an experienced immigration attorney

Hector E. Quiroga

  • Immigration Law Lawyer
  • Las Vegas, NV

A: If filed separately, the I-130 comes first; however, it is possible to file both at the same time.

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