Springfield, VA asked in Immigration Law for Virginia

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?

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3 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

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.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: 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.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Yes you caUSa.n. You can file the I-130 and they can file the I-485 at the same time if they are adjusting status from inside the

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