Can I apply for my mom's I-485 even though I-130 is still pending? 11 Answers as of June 17, 2014

I filed for I-130 for my mom who is in the US for tourist visa. She is a British citizen. Can I apply for her I-485 even though I -130 is still pending? I did not submit both forms concurrently because I was thinking she can get I-130 in a few weeks since I am a US citizen.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
She can submit the I-485 if she is in the US and eligible for adjustment of status. Nothing happens within a few weeks with USCIS. It takes about 6- months for the i-130 to be adjudicated if you are asking for consular processing. With the I-485 filed concurrently, it is taking about 4-6 months from filing to interview.
Answer Applies to: California
Replied: 6/17/2014
Law Offices of Rizwan M. Khalid
Law Offices of Rizwan M. Khalid | Rizwan Khalid
Few weeks is too early. It takes a few months or longer. You may still be able to file for 485, but I would encourage you to see an immigration attorney to discuss in detail.
Answer Applies to: Pennsylvania
Replied: 6/17/2014
Law Office of Adebola Asekun | Adebola O. Asekun
The mother of a US citizen is considered an immediate relative of a US citizen and so, a visa is almost always available. As such, the form I-130 and I-485 [green card] should be filed at the same time. If filed concurrently a work permit is granted within 90 days. It does not appear this is what you did. Hiring an experienced attorney at this point may be the only option if you are going to avoid additional delays and difficulties.
Answer Applies to: New York
Replied: 6/17/2014
Law Office of Tripti Sharma | Tripti Sharma
Yes, you could have filed in concurrently. You can still file it. If she wishes to work, you may also file for EAD. Travel document can also be requested, however you will consult with an immigration attorney before she actually makes any travel plans.
Answer Applies to: California
Replied: 6/17/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Probably. I assume your mother entered the US under the Visa Waiver Program because she is a British citizen. Recently, USCIS announced that it instructed all of it's local offices and service centers to process applications for adjustment of status filed by entrants under the program as if they had entered the US with a visa. Prior to that announcement, some applications were treated differently depending on which office had jurisdiction over the applications. Thus, your mother is technically eligible to apply for adjustment of status while her I-130 is still pending. However, she should be aware of at least one potential issue her intent or state of mind at the time of entry. Depending on how soon after her entry she submits an application for adjustment of status, USCIS may potentially accuse her of misrepresentation or fraud for having the intent of remaining in the US permanently when she applied for visitor status. As the parent of a US citizen, she can apply for adjustment even after her status has already expired.
Answer Applies to: Texas
Replied: 6/17/2014
    Law Offices of Christine Green
    Law Offices of Christine Green | Christine Green
    It is faster to file I-130 and I-485 concurrently when a US citizen is filing for an immediate relative. Yes you can file I-485 right now. You should include proof of having filed the I-130. Since it appears that your mother is adjusting status while in the US on a tourist visa, you should apply for advance parole as part of the I-485 because she might run into issues if she tries to travel back and forth using the tourist visa while you are filing for adjustment of status for her. Consult with an immigration attorney.
    Answer Applies to: California
    Replied: 6/17/2014
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Yes she can file I-485 with the I-130 receipt.
    Answer Applies to: California
    Replied: 6/17/2014
    Rivas-Rivera Law Offices
    Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
    You should have filed both together, along with a work authorization form and a re-entry permit, if necessary.
    Answer Applies to: Texas
    Replied: 6/17/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes. File the I-485 and related forms with a copy of the I-130 receipt.
    Answer Applies to: Michigan
    Replied: 6/17/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You should be able to file the I-485 with a copy of the receipt notice for the I-130 OR you can just refile again the I-130 with the I-485 if the first plan doesn't work.
    Answer Applies to: California
    Replied: 6/17/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    An I-130 takes approximately 4-6 months to adjudicate. You need to speak directly to an experienced immigration attorney. The answer will depend upon more information about your mother's manner of entry and her intent at the time of entry.
    Answer Applies to: New York
    Replied: 6/17/2014
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