FB1 Category - Concurrent filing


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Current Status: Indian born, H1B approved 140. (unmarried) and pending I130 (FB2B Category) thru mom. 


Recently my dad became a US Citizen, will I be able to file I-130 in FB1 category along with I-485, i.e. can I concurrently file I-130 & I-485 thru dad, since I am in US. 


Or is there anything I am not aware off that i can take advantage of. I appreciate your guidance on this. Thanks.

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Hmm, for Family Category 1, the PD is May 2009 for most countries.

The PD from the F2 applicatiob can not be transferred to the F1 application.

And you being in the US has nothing to do with it, anyway.

So, where did you get the idea from that you can file an I-485?

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Thank you for reply. Ouch no transfer for PD :(, but that is ok, years wasted in waiting & aging out and more to go :). 


I was reading the concurrent filing page on USCIS, where it is mentioned one condition as "Immediate relatives of U.S. citizens living in the United States".


But I do understand I may not get GC right away but EAD & AP would have been good enough. 


And also since there are many changing rules due to Obama's executive actions, prompted to me to check. 

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So according to uscis I may or may not be immediate relative to my parents. LOL

Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.


Yup. I was about to point that out, but you found it already.

That's the immigration law definition of immediate relatives. Nothing to do with USCIS, btw. Congress makes laws, USCIS just has to implement them.


And EAD and AP can only be filed together with an I-485 or later.

So, the PD is the main thing. Without the PD being current, nothing happens.

And executive actions may not last, depending on who becomes President next (with Trump, the whole immigration system would likely be in much more disarray.)

It is way easier for a new President to revert executive actions than laws, because Congress makes laws.

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