QUESTION

Can a I-130 visa be filed as a backup to an I-140 visa?

Asked on Feb 13th, 2011 on Immigration - California
More details to this question:
His company filed I-140 for him in 2008 but now the PD is still in 2006 (it's moving very slowly in the recent years). As a back up, i am wondering after my mom gets her green card, can she file I-130 for him under the F2A category?
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2 ANSWERS

Immigration Law Attorney serving Costa Mesa, CA
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Yes, a person can have more than one type of petitioned filed on they behalf. Then they can proceed on whichever petition becomes current first.
Answered on Feb 14th, 2011 at 11:28 AM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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A person is allowed to have an I-140 and an I-130 petition pending simultaneously. This is a common strategy!
Answered on Feb 14th, 2011 at 10:58 AM

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