Columbus, OH asked in Immigration Law for Illinois

Q: Can you apply for an immediate family green card while having a different-category green card pending?

Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL
  • Licensed in Illinois

A: Yes.

If you are married to a USC and present in the U.S. you may initiate your adjustment of status at once.

Kevin L Dixler and Stephen Arnold Black agree with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I agree, but your parent 'does not' have to withdraw the old petition. It remains a petition, perhaps approved, nothing more. It has no effect on a spouse's right to simultaneously petition you. There may be reasons to maintain a petition that is not ready for consular processing.

What you should do at this time depends upon your current status and marital relationship. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

Stephen Arnold Black agrees with this answer

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