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Introduction to preparing a concurrent filing of immigration petition (USCIS Form I-130 and Legal Permanent Residency (USCIS Form I-485)

Preparing a Family Petition and Residency Package concurrently involves several steps. Here's a general guide to help you navigate the process:

Determine Eligibility:

  • The Petitioner must be a U.S citizen either by birth, by naturalization or because he/she obtained citizenship through his/her parents.

  • The Beneficiary must have entered the country legally, must be either, the spouse, parents, or unmarried minor children under the age of 21.

Required Documents:

  • For the Family Petition (Form I-130):

    • Proof of the Petitioner’s U.S. citizenship (e.g., unexpired U.S Passport, U.S Birth Certificate, Naturalization Certificate, Citizenship Certificate or Certificate of Birth Abroad).

    • Evidence of your relationship with the family member you're sponsoring (e.g., marriage certificate, birth certificate, adoption decree).

    • Any additional supporting documents as required based on your specific situation.

  • For the Residency Package (Adjustment of Status or Consular Processing):

    • Form I-485 (Adjustment of Status).

    • Affidavit of Support (Form I-864) if required, demonstrating your financial ability to support the beneficiary.

    • Medical examination results (for Adjustment of Status applicants).

    • Any other documents required by USCIS or the U.S. consulate/embassy.

Complete Forms and Applications:

  • Fill out Form I-130 accurately and submit it to USCIS along with the required supporting documents and fees.

  • Concurrently, complete Form I-485 (if adjusting status in the U.S.) and gather the necessary documents for the Residency Package.

Submit Petition and Residency Package:

Mail the Family Petition (Form I-130) and Residency Package (Form I-485), Work Authorization Application, Travel Authorization Application and Financial Affidavit(s) to the appropriate USCIS address as indicated in the form instructions.

  • Follow USCIS/NVC Instructions:

    After submitting the forms and documents, remind your client to follow any instructions provided by USCIS regarding additional documentation, interviews, biometrics, or medical examinations.

    Instruct your clients to respond promptly to any requests for evidence (RFEs) or interview notices.

  • Track Progress:

    • Encourage your clients to use USCIS case status online tool to track the progress of their petitions.

  • Attend Interviews (if required):

    • remind your clients that if USCIS schedules interviews for the Family Petition or Residency Package, they mus ensure that they and the beneficiary attend the interviews as scheduled and bring any requested documents or evidence.

  • Await Decision:

    • Wait for USCIS or the U.S. consulate/embassy to process your petitions and applications. Once approved, the beneficiary will receive their Green Card or immigrant visa, granting them lawful permanent residency in the U.S.

It's crucial to follow USCIS guidelines, accurately complete all forms, and provide the necessary supporting documents to increase the chances of a successful outcome for your client’s Family Petition and Residency Package.

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