Asked in Immigration Law

Q: Could i apply for form I-212 and I-30 together at the same time ?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: To answer this question accurately, it's important to understand the purposes of Form I-212 and Form I-130:

1. Form I-212: This is an Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

2. Form I-130: This is a Petition for Alien Relative, used to establish a relationship between a U.S. citizen or permanent resident and a qualifying relative who wishes to immigrate to the United States.

In general, yes, you can file Form I-212 and Form I-130 concurrently. However, there are some important considerations:

1. Different purposes: These forms serve different purposes in the immigration process. The I-212 is seeking permission to reapply for admission after deportation, while the I-130 is establishing a familial relationship for immigration purposes.

2. Processing times: The processing times for these forms may differ, and filing them together doesn't necessarily mean they will be processed simultaneously.

3. Eligibility: You need to ensure you're eligible to file both forms. For example, if you're the person who was deported, you can file the I-212, but you can't file the I-130 (as that must be filed by the U.S. citizen or permanent resident relative).

4. Complexity: Filing these forms together can make your case more complex, and it may be beneficial to consult with an immigration attorney to ensure everything is filed correctly.

5. Timing considerations: Depending on your specific situation, there might be strategic reasons to file one form before the other.

Given the complexity of immigration law and the potential consequences of incorrectly filed forms, it's highly recommended to consult with an experienced immigration attorney. They can review your specific situation and advise on the best strategy for your case.

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