QUESTION

If a person has an approved I 130, can they apply for another I 130 through a different relation

Asked on Feb 08th, 2018 on Immigration - New Jersey
More details to this question:
Person has approved I 130 but priority date in far. In the meanwhile another relative has become eligible to file I130 for them which has a shorter waiti period. WIll the second application affect the approved I130
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1 ANSWER

Immigration and Naturalization Attorney serving New York, NY at The Law Offices of Grinberg & Segal, PLLC
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And answer is Yes and No at the same time. It is because you are asking two questions in essence. 1. Who can file the I -130. 2. Can an I -130 be filed by two different family based petitioners for the same beneficiary.  As to the first question, the answer is "no". Only a qualified relative of the prospective beneficiary can be a petitioner. Beneficiary, cannot self petition.    As to the second question, the answer must be "yes". A beneficiary can be petitioned as such by any number of eligibile petitioners. That is true even if one of the petitioners is the person's prospective employer. 
Answered on Feb 08th, 2018 at 10:19 AM

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