Immigration Law

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I am just recently received my card and living in the U.S.

Hello I am just...

Hello I am just recently received my green card and living in the U.S. My son who is a U.S citizen petitioned for me. My question is that I have a 8 year old daughter who is here on a visiting visa and I plan to file i130 petition for her, can I also file i485 together with the i130 so that she can remain in the states legally while the filing is being processed? Thanks.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am lawful permanent resident No pending applications at the moment

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is all

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Answered in 1 minute by:
9/20/2017
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 7 months ago
Thank you.

Yes, if you file the I-130 and the I-485 your daughter can wait in the US while her petition is processing.

See:

https://my.uscis.gov/helpcenter/article/can-my-relative-wait-in-the-united-states-until-becoming-a-permanent-resident

The only issue to consider is that if for any reason her petition is denied, then any time she accrues staying in the US past the expiration of her tourist visa, will be counted against her as unlawful presence.

Accruing unlawful presence past 6 months triggers a 3 year bar to re-entry to the US, and unlawful presence past 1 year triggers a 10 year re-entry bar.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
Thanks for the information. The reason I asked if I could file them together is because I read the below on the uscis website about concurrent filing. From my understanding it looks like this is the only time one can file concurrently. Am I reading that incorrectly?Concurrent FilingIn certain instances, you can file your Form I-485 together, or “concurrently,” with the underlying Form I-130 or Form I-140 immigrant petition. You may concurrently file your Form I-485 only when approval of the underlying immigrant petition would make a visa immediately available to you. If you are an immediate relative, you can always concurrently file your Form I-485 application with the underlying Form I-130.If you are seeking adjustment of status under a family-sponsored and employment-based preference category, you may concurrently file your Form I-485 with the Form I 130 or Form I-140 only if:Your priority date is earlier than the cut-off date listed in the “Application Final Action Dates” chart in the monthly Visa Bulletin for your preference category and country of chargeability;
The Visa Bulletin chart indicates “C” instead of a specific cut-off date, meaning that your preference category and country of chargeability is current and that you may file Form I-485 regardless of the priority date; or
When permitted by USCIS (as described above in “Acceptance of Adjustment Status Applications”), your priority date is earlier than the cut-off date listed in the “Dates for Filing Applications” chart for your preference category and country of chargeability.

Yes, in your case since you are filing in an immediate relative category and your daughter is legally present in the US, you can file the I-130 and I-485 concurrently.

I hope that helps clarify for you!

Please remember to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 7 months ago
Okay thank so much.

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

Don't forget to click 'Finish' and rate. Thank you!

Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified
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