Requirements for concurrent filing of 130 and 485 forms

[ek000 0]

My mother, who is a lawful permanent resident (LPR), is petitioning to bring me in to the US. I’m a Canadian citizen living in Canada, over 21 and single.

My question is can she file the I-485 and I-130 concurrently if she is a LPR or does need she be a citizen to do this?

I basically need to find out what the requirements are for filing the I-485 and I-130 concurrently for my situation.

Any help would be greatly appreciated.

[YuAndDan 153]

Cannot do this in any case (LPR) or (Citizen)

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

To adjust status using I-485 and I-130 requires an immediate visa number to be available under the Unlimited family based class of immigrations, that is Children (Under 21) of US Citizens, Spouses of US Citizens or Parents of US Citizens. You fall into the Limited Family-Based class, and have to wait for a visa number, she can only file I-130 in your case, and you will have to wait for a visa number and interview at the consulate in Canada.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

F1 if mother is a Citizen or F2 if mother is only (LPR)

[Kez/JWolf 6]

You are in for a bit of a wait for a visa to become available for you..... my son is in the same situation as you... we have estimated it will take about 6 years+ for a visa to become available.... unless the Government removes this catagory altogether as they had planned to do if the immigration bill had been approved....

Kez

[ek000 0]

Thanks again YuAndDan for you quick and sourced help.

I was hoping there might have been a way to get my 485 form out now before the price is jacked up $800 after this month.

Niagaenola: I didn't know about the government wanting to abolish this catagory. Do have or know where I could find more inforamtion on this topic.

thanks all.

Cannot do this in any case (LPR) or (Citizen)

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

To adjust status using I-485 and I-130 requires an immediate visa number to be available under the Unlimited family based class of immigrations, that is Children (Under 21) of US Citizens, Spouses of US Citizens or Parents of US Citizens. You fall into the Limited Family-Based class, and have to wait for a visa number, she can only file I-130 in your case, and you will have to wait for a visa number and interview at the consulate in Canada.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

F1 if mother is a Citizen or F2 if mother is only (LPR)

Edited July 11, 2007 by ek000

[Kez/JWolf 6]

Do a search on VJ for immigration reform there is a link there for the text of the Bill that was before congress.... after all the text about illegal immigrats you will find a section on family chain migration.... it is in there...

Sorry I cant search for it for you as I am at work....

Kez