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Hi! I’m an international student living in the US since 2019 and my mom recently just has a green card in 2022. Am i qualified to fill form i-130 and i-485 ajusting my status at the same time or i have to wait till my i-130 approved than file for i-485? Can i also have the work permit while waiting for my green card?
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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If your mother entered under an immigrant visa that allows dependents and you are under the age of 21, you could quite possibly file an I-485 application under the follow to join category and forgo filing the I-130 petition. Alternatively, you can concurrently file I-130 and I-485 as long as you are maintaining legal status and are under the age of 21. I note that if you are over the age of 21, you may still be able to file the I-485 application if your mother entered under an immigrant visa petition allowing for dependents and you can still be classified as a child under the Child Status Protection Act. If you are able to file the I-485 application, you are eligible for a work permit and can file the I-765 request for such concurrently. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 24th, 2022 at 9:24 AM