Katy, TX asked in Immigration Law for Texas

Q: CAN I FILE 485 DIRECTLY AFTER FILING 130? PARENTS ARE ALREADY HERE IN USA

Related Topics:
3 Lawyer Answers

A: I recommend making a total concurrent filing with requisite evidence to avoid time delays omissions and mistakes with adjustment of status. You will be wise to discuss your filing with a licensed Immigration Attorney of your choice before filing.

A: First of all, you must ensure that you submitted a separate I-130 petition for each of your parents. Secondly, you must also ensure that your parents have lawfully entered the country. If that is the case, then you can proceed to file Form I-485 for each of your parents to commence the adjustment of status process with USCIS. Third, be aware of your parents being subject to the preconceived intent position that USCIS can take should you file within 90 days of your parents' last entry.

A: If you are a US citizen, you may file an I-130 and your parents can concurrently submit an adjustment of status application. I suggest you consult with an immigration attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.