Can I get a work permit with an approved I-130?

No. The filing of an I-130 immigrant visa petition on your behalf does not grant “work authorization”. Only when you are eligible to file the I-765 as part of the actual I-485 adjustment of status process will you subsequently be authorized to seek employment.

Can I file I-130 and I-765 together?

You can file Form I-765, Application for Employment Authorization with other forms at the same time. This is called concurrent filing. In other instances, you may need to wait to file Form I-765 at a later time.

Can I stay in US while I-130 is pending?

If your family member or employer has merely started the process off for you, by filing what’s known as a petition (typically on USCIS Form I-130 or I-140), that’s not enough. A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States.

How long is an I-130 approval good for?

2 years
How long is the I-130 petition valid? After the I-130 petition is approved and an IV applicant receives an Instruction Package, he/she must apply for a visa within 2 years from the date on the Instruction Package letter.

Is I-130 approved before I-485?

In most cases, you must wait until I-130 approval before filing an I-485 application. However, there are two exceptions to this rule: Concurrent filing is allowed if a visa number is available for an I-485 applicant during the filing time of the sponsored I-130 petition.

How long does I-130 take to get approved 2020?

After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation.

How long does it take to get visa after I-130 approved?

I-130 Processing Times for Immediate Relatives For immediate relatives (spouse, children and parents) of U.S. citizens, there is an unlimited number of immigrant visas and approval can be obtained in approximately 5 to 9 months. There is a short wait because there is no visa limit for the immediate relative category.

How much is the fee for I-130?

The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.

Can I submit Form I-130 online if my relative has I-485?

You can submit Form I-130 online even if your relative is already in the United States and they plan to submit their Form I-485 by mail. You can also file Form I-130 by mail.

Can a green card holder file an I-130 petition?

Current green card holders can file I-130 petitions for their spouses and unmarried children. The U.S. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.”. The person seeking a green card is officially known as the “beneficiary.”.

Can I request Premium Processing for Form I-130?

Premium Processing isn’t available for I-130 petitions, but you can send a special request to USCIS if you want to expedite processing for Form I-130. USCIS will usually only consider the request if there are urgent humanitarian or U.S. government interests.

What is the eligibility category for Part 2 on Form I-765?

If you file Form I-765, write “ (c) (9)” as your eligibility category for Part 2, Item Number 27 on your Form I-765. If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole.