nkroy Posted July 29, 2011 Report Share Posted July 29, 2011 Hey guys if someone can help i will really appreciate it My Sister is an US citizen and she is planning to file I-130 for me .. I live in the US since last 5 years on H1 and 2 years before that as a F1 Can 485 be filed at the same time as I-130 ? And if approved does that mean i get an EAD for me and my wife All help will be appreciated This is what i read of USCIS website 2. If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself. Please read the instructions for the two addresses where concurrent filings can be mailed. Link to comment
Attorney_19 Posted July 31, 2011 Report Share Posted July 31, 2011 If the I-130 is filed by a US citizen on behalf of his/her sibling, then it is a fourth preference petition. The priority date of the I-130 petition must be current before the Beneficiary can file the I-485. For that reason, an I-130 and I-485 cannot be filed concurrently for the sibling of a US citizen. I-130/I-485 concurrent filings are only available for immediate relatives of US citizens, i.e. spouse of a US citizen, parent of US citizen (when the US citizen is over 21 years old), and unmarried child under 21 of a US citizen. The brother or sister of a US citizen is not an "Immediate Relative" under immigration law. Link to comment
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