Q: Can I file I-130 after my parents already filed I-485 under EB-1 visa?
My parents applied I-485 under EB-1 and still waiting for the result, which has been taking quite long. I am a US citizen and I am over 21. Can I file I-130 for them now to sponsor them at the same time? Will it be a conflict with the I-485 they already filed? I want to see if I can get them the green card faster than their application under EB-1. Can I do that or do we need to wait for the result from their I-485 application? If I can file at the same time, will the two cases being processed separately or they will be combined together?
A: More information is needed, but if you are over 21 years old, it may be in their best interest for you to petition them. Again, more information is needed. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.
There are better legal strategies available, such as petitioning for foreign national immediate family members if a USC is over the age of 21.
It always pays to pay a good attorney.
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