Difference Between I 130 And I 485
When it comes to immigrating to the United States, there are certain processes that need to be followed. Two of the most common forms used in this process are the I 130 and the I 485. While both of these forms are used to obtain permanent residency in the United States, they serve different purposes. In this article, we’ll explore the differences between the I 130 and the I 485 forms.
I 130 Purpose
The I-130 form is the Petition for Alien Relative, which is used to establish a relationship between a U.S citizen or a Lawful Permanent Resident (LPR) and a foreign national. The I-130 form helps the United States Citizenship and Immigration Services (USCIS) to determine if the relationship between the U.S citizen or LPR and the foreign national is genuine.
The I-130 petition form is also used for family-sponsored immigration in order to bring their relatives to the United States. This form helps the United States government to determine if the foreign national is eligible to obtain a visa to live in the United States as a permanent resident. This form is filed by a U.S citizen or a Lawful Permanent Resident (LPR) on behalf of a foreign national.
I 485 Purpose
On the other hand, the I-485 form, also known as the Application to Adjust Status, is used to apply for a green card if the applicant is already in the United States. This form is used by individuals who have entered the United States legally and now wish to apply for permanent residency.
The I-485 form is filed by a foreign national in the United States when the petitioner’s visa application is approved. This form is used by individuals who are already in the United States and wish to adjust their status to Permanent Resident Status. It is important to note that the I-485 cannot be filed outside the United States.
Who are the Applicants for I 130 and I 485 Forms?
The I-130 form is typically filed by a U.S citizen or LPR on behalf of their immediate and close family members, including spouses, unmarried children under 21 years old, unmarried children over 21 years old, and married children of any age.
The I-485 form is filed by a foreign national who is already in the United States and holds a visa status that allows them to change to permanent residency status. The most common applicants for the I-485 form are individuals who are already in the United States on a non-immigrant visa, such as a student visa, work visa, or tourist visa.
Key Differences
The most significant difference between the I-130 and I-485 forms is the purpose. The I-130 form is used to establish a family relationship between a U.S citizen or LPR and a foreign national. The I-485 form, on the other hand, is used by individuals who are already in the United States and wish to apply for permanent residency.
Another important difference is the timing of filing. The I-130 form is filed before a foreign national enters the United States, while the I-485 form is filed after the foreign national has entered the United States. The filing of the I-485 can also be done concurrently with the filing of the I-130, especially in the case of immediate relatives.
Conclusion
Both the I 130 and I 485 forms are important in the immigration process. While both forms have different purposes, they serve to help foreign nationals enter and reside in the United States legally. It’s essential to understand the differences between the two forms to ensure you file the right form at the right time. If you need assistance with these forms, it’s always best to consult an immigration attorney.
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Difference Between I 130 And I 485
