QUESTION

Is there change in processing of i130 for LPR's?

Asked on Aug 07th, 2013 on Immigration - Texas
More details to this question:
Will the i-130 be processed only if F2A is current? And now that is current, how long will it take if we applied now?
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4 ANSWERS

Adebola O. Asekun
According to the most current visa bulletin [Aug 2013] visas are current in the F2A category across the board and you should file the petition right away. But whether you can concurrently file a Form I-485 [green card] at the same time is a question of individual choice given that the visas may regress when the petition is adjudicated. Please consult with an attorney
Answered on Aug 12th, 2013 at 8:10 AM

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I-130 petitions are being processed in every category in the order in which they are filed, without regard to whether a given category is current. After I-130 is approved, it will not be processed by the National Visa Center (or entitle the beneficiary to file I-485 for adjustment of status) until the priority date of the petition becomes current. The fact that 2FA category is current now means that I-130 can be filed together with I-485 package (if the intending immigrant is in the U.S.) How long USCIS will take to process a petition filed tomorrow is anyone's guess, because the number of permanent residents who file I-130s this month is unknown but is sure to exceed the usual levels a few times: for the first time ever, immediate relatives of permanent residents can get green cards without waiting years for their priority dates to become current. You can safely assume that the process will take longer than 1.5 years it was taking for the previously filed petitions.
Answered on Aug 07th, 2013 at 2:35 PM

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I-130 should be filed as soon as possible to get in-line. You do it first and then worry about other things later. Once I-130 is approved, you will be notified and told what to do next.
Answered on Aug 07th, 2013 at 11:40 AM

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There has been no change to processing of I-130's for LPR's. The F2A category is current, so immigrant visas are available to those who have an approved I-130. If you apply now, it will take a year or more for I-130 approval.
Answered on Aug 07th, 2013 at 11:13 AM

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