Concurrent I-130 and I-485 filing question

[mawilson 2,133]

Where does it say that it's legal to file the I-130 and the I-485 (marriage-based) concurrently?

I know everyone does it, but is there a specific regulation that makes it legit?

Say, for employment-based applications, there was an explicit instruction from USCIS

which allowed concurrent filing:

In July 2002, U.S. Citizenship and Immigration Services (USCIS) created a rule that

allows "concurrent filing" of the I-140 Petition for Alien Worker and the I-485

Adjustment of Status Application (green card application). Previously, you had to wait

for the I-140 to be approved first, before you could file your I-485. Now both can be filed

at the same time.

[Dr_LHA 3]

Well it mentions it on the front of the I-485 for one:

This affects aliens residing in the locations above who are filing Form I-485 under the following categories:

* Aliens who are immediate relatives of a U.S. citizen, as defined by section 201(B ) of the Act, and are filing

based upon an approved, concurrently filed, or pending Form I-130, Petition for Alien Relative;

Trust me, you can concurrently file I-130.

Edited March 15, 2007 by dr_lha

[Killer_Clown_2009 0]

Where Can I Find the Law?

The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.

[Dr_LHA 3]

Where Can I Find the Law?

The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.

I take it back!

(B) If, at the time of filing, approval of a visa petition filed for classification under section 201(B)(2)(A)(i), section 203(a) or section 203(B)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.

Edited March 15, 2007 by dr_lha

[mawilson 2,133]

Trust me, you can concurrently file I-130.

I know you can, you don't have to convince me -- I have to convince someone else.

(B) If, at the time of filing, approval of a visa petition filed for classification under section 201(B)(2)(A)(i), section 203(a) or section 203(B)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.

Perfect -- I think that's what I need!

Thanks!

[Dr_LHA 3]

Here's the source of that quote BTW.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.2&idno=8

[mawilson 2,133]

Here's the source of that quote BTW.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.2&idno=8

Thanks dr_lha.

Another quick question -- maybe you can point me in the right direction.

I need to find the INA section which says that overstays and other non-immigrant visa

violations are forgiven when a person adjusts his or her status based on marriage to

a U.S. citizen.

[Dr_LHA 3]

http://www.immigration-usa.com/ina_96_title_2.html

The start of Chapter 5 (section 245).

(c ) Subsection (a) shall not be applicable to (1) an alien crewman; (2) an alien (other than an immediate relative as defined in section 201(b ) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;

Where "Subsection (a)" refers to AOS.

Edited March 15, 2007 by dr_lha

[mawilson 2,133]

dr_lha -- or should I call you Dr INA?

Thanks a lot!!!