Boston, MA asked in Immigration Law for Massachusetts

Q: Pls can form 1-130 be approved and form 1-485 be reading request for more evidence,why and what are the implication ?

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: It’s unclear what you are asking. Rephrase your question.

Sheri A Benchetrit
Sheri A Benchetrit
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: It appears that you are asking if an I 130 can be approved while there is a pending request for evidence on the I 485. The answer to that question would be "yes." The purpose of the I 130 is to determine if the relationship is real (e.g., spouses, parent/child etc.). The purpose of the I 485 is determine if the person who is asking for permanent residency is "admissible," to the US or are they for some reason, such as a criminal matter or a failure to disclose information to an immigration officer, etc., that would prevent them from being admissible. USCIS can absolutely determine that the relationship is real and still need more information to make a decision about the I 485. As far as the implications, it doesn't necessarily mean it is going to denied. It depends on the facts of your case, which I do not know.

I suggest that you consult with an experienced immigration attorney who can assist you.

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