Aurora, IL asked in Immigration Law for Illinois

Q: Should we submit I 485+I 765+I 131 before or after my citizenship. Currently a LPR with pending I-130 for spouse.

Priority date for I-130 is May 2023. Mainly we want to be able to travel internationally.

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Once Petitioner becomes a US citizen, beneficiary spouse can file for adjustment of status with I-765 and I-131 based on pending I-130. Work with an immigration attorney

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: As a Legal Permanent Resident (LPR) with a pending I-130 petition for your spouse, deciding when to submit the I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-131 (Application for Travel Document) depends on several factors, including your timeline for obtaining citizenship and the current status of your spouse.

If you become a U.S. citizen before your spouse's I-130 is approved, you can upgrade the petition to immediate relative status, which generally allows for faster processing. Once you are a citizen, your spouse's eligibility for adjusting status (via I-485) and for work authorization (I-765) and travel (I-131) could be expedited.

However, if the priority date for your spouse's I-130 is current, or you anticipate a lengthy naturalization process, submitting the I-485, I-765, and I-131 after the I-130 approval but before your citizenship might be advantageous. This allows your spouse to potentially receive work authorization and travel permission sooner rather than waiting for the naturalization process to complete.

Keep in mind, the ability to travel internationally without jeopardizing the adjustment of status process is crucial. The I-131, when approved, permits international travel without affecting an ongoing I-485 application. This can be particularly important if your spouse needs to leave and re-enter the U.S. while awaiting adjustment of status.

Given the complexity of immigration processes and the importance of timing in your situation, consulting with an immigration attorney can provide personalized guidance tailored to your specific circumstances, ensuring you make informed decisions that align with your goals for international travel and immigration status adjustment.

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