Can I 485 Be Approved Before I 130?
The process of obtaining a green card in the United States can be complex and confusing, especially for individuals who are navigating it for the first time. One common question that arises during this process is whether it is possible to have the I-485 application approved before the I-130 petition. This article aims to provide clarity on this matter, helping individuals understand the relationship between these two applications and the sequence in which they should be filed.
The I-130 petition is the first step in the green card process, filed by the U.S. citizen or lawful permanent resident on behalf of a family member or an employee. Once the I-130 petition is approved, the applicant moves on to the next step, which is the I-485 application. This application is for adjustment of status and is filed by the applicant to request that their immigration status be changed from nonimmigrant to permanent resident.
The question of whether the I-485 can be approved before the I-130 is a valid concern, as the approval of the I-485 application is a crucial step in obtaining a green card. The answer to this question, however, is not straightforward and depends on several factors, including the applicant’s priority date and the country of origin.
In most cases, the I-485 application can be filed concurrently with the I-130 petition, provided that the applicant is eligible to do so. This means that the I-485 can be approved before the I-130, as long as the applicant meets certain criteria. One of the key factors is the applicant’s priority date. The priority date is the date on which the I-130 petition was filed, and it plays a critical role in determining the order in which applicants are processed.
If the applicant’s priority date is current, meaning that there are sufficient visas available for their category and country of origin, the I-485 application can be approved before the I-130. This is because the I-485 application is processed based on the applicant’s priority date, not the date on which the I-130 was approved.
However, if the applicant’s priority date is not current, they must wait until it becomes current before they can file the I-485 application. This could result in a delay between the approval of the I-130 and the approval of the I-485. It is important to note that even if the I-130 is approved, the applicant may still need to wait for their priority date to become current before they can adjust their status to permanent resident.
In conclusion, while it is possible for the I-485 to be approved before the I-130 in some cases, it is not guaranteed. The approval of the I-485 application depends on several factors, including the applicant’s priority date and the country of origin. It is advisable for individuals to consult with an immigration attorney to understand the specifics of their situation and ensure that they are following the correct process to obtain a green card.
