Can I file i 130 & i 485 while Political Asylum Pending

S

soniya79

New Member
Hello Immigration Gurus,

I am becoming US citizen this week.

My mum & my brother (minor) are here is USA with pending asylum case at the court of appeals.

1) Can I file for i130 & i140 together?
2) Attorney advises file i130 and if approved then can file I 485 at the immigration court? How does that work? I thought for parents can file i130 & i485 together?

Any help is appreciated. Our attorney is not very helpful or responsive. And the level the case is at it would be TOO expensive for us to change attorneys.

Reading every information i can on the web AND get right direction.
Thank You for the help.
 
Hi Soniya,

My mom filed the form I-130 to petition me, while my asylum was pending. As a matter of fact it was file the same day my petition for asylum was filed. You can't file the I-485 form until a visa number (the green card) has become available for your family. At least it is the way I understood the instructions from USCIS. My i-130 was approved one year after filing, which moved me to the line for my permanent residency. Since the line moves so slow, i got my GC through asylum before I did through my mom. Which, is what my lawyer said would happen. We were just covering all the bases.

All this is doing is getting your family members in line.
 
Thanks Scully,
Its other way round for my case, I am filing for my Mum. There is no wait for visa numbers for parents. The confusion is whether we can file I 485 or not since we have the other case pending.

But Thanks for your input, it helps to know all the options.
 
You must log in or register to reply here.
Top