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Can I Concurrently File I-130 Petition and I-485 Application for Family-based Immigration Case?

11/29/2006

Dr. William:

I am a newly naturalized U.S. citizen, and I want to file green card application based on family relationship for my relatives. I understand that the form I-130 petition needs to be filed first. My question is that can I concurrently file I-130 petition and I-485 green card application, same as the employment-based petitions of I-140/ I-485 concurrent filing?

A: Unfortunately, the concurrent filing rule for employment-based cases does not change anything for family-based immigrants. Immediate relatives should continue to file family-based petitions in one step a time.

Other than parents and unmarried children of U.S. citizens, green card applications for family members could only be filed in one step a time, if a visa number is available in their particular preference category. For most family-based cases, you have to wait for the I-130 petition to be approved before filing the I-485 green card application.




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