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