Will USCIS Approve My Form I-1765 Before My I-130 Petition is Processed-

Will USCIS Approve My 1765 Before My I130?

Navigating the complex process of U.S. immigration can be daunting, especially when it comes to understanding the timeline and requirements for various forms. One common question that arises is whether the United States Citizenship and Immigration Services (USCIS) will approve Form I-1765, also known as the “Petition for Amerasian, Widow(er), or Special Immigrant,” before Form I-130, the “Petition for Alien Relative.” This article aims to shed light on this question and provide some guidance for applicants.

Understanding Form I-1765 and Form I-130

Form I-1765 is a petition that allows certain Amerasians, widows or widowers of U.S. citizens, and special immigrants to apply for U.S. permanent residence. On the other hand, Form I-130 is a petition used to establish a family-based immigration relationship between a U.S. citizen and a foreign national. While both forms are related to family-based immigration, they serve different purposes and have different approval processes.

Can USCIS Approve I-1765 Before I-130?

The short answer is yes, USCIS can approve Form I-1765 before Form I-130. This is because Form I-1765 is a stand-alone petition that does not require a relationship with a U.S. citizen or legal permanent resident as a prerequisite. Therefore, the approval of Form I-1765 is not contingent upon the approval of Form I-130.

Timeline and Processing Times

It is important to note that the processing times for both forms can vary significantly. According to USCIS, the average processing time for Form I-1765 is around 8 months, while the processing time for Form I-130 can range from 6 to 24 months, depending on the specific category and the applicant’s priority date.

Consequences of Approval

Once USCIS approves Form I-1765, the applicant may proceed with the immigration process, which includes applying for an immigrant visa or adjusting their status in the United States. However, the approval of Form I-1765 does not guarantee the approval of Form I-130, as the latter is subject to different requirements and considerations.

Conclusion

In conclusion, USCIS can approve Form I-1765 before Form I-130, as they are distinct petitions with separate approval processes. It is crucial for applicants to understand the requirements and timelines for both forms to ensure a smooth immigration process. Consulting with an immigration attorney or a qualified expert can provide further guidance and support throughout the application process.