F2A concurrent filing possible?

Asked about 1 year ago - San Francisco, CA

2 years ago, when I talked to a lawyer, he said for F2A I have to wait at least 3 years. (I am a green card mother, and my 16 daughter does not have status. She entered the US legally)
Now I understand F2A is open. So, can I file I-130 and I-485 for my daughter at the same time?

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . No, because she is not in lawful status.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . No. To file the I-485, the person must be in valid non-immigrant status or must qualify for 245(i).

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Carolyn Jean Fuchs

    Contributor Level 7

    3

    Lawyers agree

    Answered . If you daughter doesn't have legal status then she cannot file an I-485. Best to consult an attorney asap.

    Also, consider becoming a US citizen.

    Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not... more
  4. Anu Gupta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Yes.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  5. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In August you can do that.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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