Can one have two I-130 applications filed at the same time? - EB5Investors.com

Can one have two I-130 applications filed at the same time?

My mother and I became U.S. citizens last year through the EB-5 program. My sister is still living in my home country. We want to help her get a green card. Since both my mom and I can file an application for her, is there any advantage filing twice for the same beneficiary with different petitioners? Is it allowed by USCIS? I am concerned because my mother gets Medicare benefits and I have heard of immigrant visa applications being denied due to this.

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

There is no restriction on the number of I-130 petitions filed for a single beneficiary. Also, there is no current rule that would affect eligibility due to your U.S. citizen mother&#39s receipt of Medicare benefits.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Yes, your sister can be a beneficiary of multiple I-130 petitions. However, at the next stage of processing (once the I-130 is approved and the priority date is current), she must choose which eligible petition category she will process for when it is time for the immigrant visa processing.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Yes, you can have several I-130 petitions filed. Medicare should not be a basis for denial. If your mom does not have sufficient income at the time the I-130 priority date is current, a joint sponsor will be necessary. Please hire an experienced immigration attorney to assist you.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You can file multiple petitions. Some waiting lines are better than others. The petitioner must show they at 125% of the poverty datum level but cosponsors can also be used. File both.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Yes, both you and your mother can file I-130 Petitions on behalf of your sister. As a practical matter, it will go much faster through your mother, given the fact that there is a shorter waiting list for adult children of U.S. citizens than there are for siblings of U.S. citizens. The fact that your mother receives Medicare is unlikely to impact her I-130 visa petition. It is an earned right based upon contributions that your mother has made into our social security system.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Generally, multiple immigration petitions for the same beneficiary can be filed (just no green card applications yet!). As for your mom, a U.S. citizen, being on Medicare, that may come into play with the financial sponsorship. She may need a joint sponsor.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

You and your mom can file I-130s for your sister.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

From USCIS point of view, there is no issue with you and your mom filing for permanent resident status for your sister at the same time. For some reason, if one of the petitions gets rejected, the other one would survive. Nobody likes to talk about these things but if only one of you were to apply for her, since your sister is currently living outside the United States, upon the unexpected demise of her sole petitioner, unless she successfully could ask USCIS to allow her to proceed based on "humanitarian reasons," her I-130 would automatically be revoked and would no longer be a valid way to get an immigrant visa and green card. Therefore, having a second simultaneous petition is immensely helpful.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

While there is nothing wrong with your idea, filing of two I-130s by you and your mother simultaneously is neither needed nor advisable for a host of reasons. First, each I-130 belongs to a separate category. Filing by your mom, assuming your sister qualifies, may place her in the status of member of immediate family of a citizen. Under such a classification, a visa is always available to immediate family members such as your sister. Thus, a visa will be faster for your sister and she can enter the U.S. quicker than any other visa category. Turning to your own I-130 filing, it is the fourth category filing. The waiting period under fourth category is the longest among the family-sponsored. Depending on where you are from, it is not unusual that the waiting period can be as long as 13 years. The fact that your mother is on Medicare should not prevent her filing for your sister. Advisably, consult an immigration attorney before you proceed further.

Robert West

Robert West

Immigration Attorneys
Answered on

It is allowed. A good backup if something would happen to your mom before process completion.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

If you both have U.S. passports, then you both qualify to file for your sister. And, yes, she may have two I-130 applications filed in her favor at the same time. You may need some assistance with preparing the support affidavit later in the process.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, you may have as many I-130s on file as you qualify for. Medicare should not be a concern but if your mom&#39s income is not enough when the priority date for your sister is current, she may need a co-sponsor.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Yes, you can. Let us know if we can assist you.

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