Will USCIS Approve My I-765 Before My I-130?
Navigating the complex world of U.S. immigration can be daunting, especially when dealing with multiple forms and applications. One common question that arises among applicants is whether the U.S. Citizenship and Immigration Services (USCIS) will approve an I-765 application for employment authorization before processing an I-130 family-based immigration petition. In this article, we will explore the intricacies of this process and provide insights into the likelihood of USCIS approving an I-765 before an I-130.
Understanding the I-765 and I-130 Applications
Before delving into the specifics of the approval process, it’s essential to understand the two forms in question. The I-765 is an Application for Employment Authorization, which allows individuals who are in the United States to work legally. This form is typically filed by applicants who are in the process of applying for a green card or have pending applications for other immigration benefits.
On the other hand, the I-130 is a Petition for Alien Relative, which is used to establish a family relationship between a U.S. citizen or lawful permanent resident and a foreign national. Once the I-130 is approved, the foreign national can apply for an immigrant visa or adjustment of status.
USCIS Processing Order
USCIS generally processes forms in the order they receive them. However, the agency may prioritize certain forms based on the applicant’s circumstances. In the case of an I-765 and an I-130, the I-130 will typically be processed first, as it is a prerequisite for most employment authorization applications.
When Will USCIS Approve My I-765 Before My I-130?
While USCIS usually processes I-130 applications before I-765 applications, there are certain scenarios where an I-765 may be approved before an I-130:
1. Separate Filings: If an applicant files the I-765 separately from the I-130, USCIS may approve the I-765 application first, provided the applicant meets all the necessary requirements.
2. Expedited Processing: In some cases, USCIS may expedite the processing of an I-765 application if the applicant can demonstrate an urgent need for employment authorization, such as a medical emergency or a compelling reason.
3. Pending I-130 Approval: If the I-130 application is already pending and the applicant requires employment authorization, USCIS may approve the I-765 application to address the immediate need.
Conclusion
In conclusion, while USCIS generally processes I-130 applications before I-765 applications, there are instances where an I-765 may be approved before an I-130. It’s essential for applicants to be aware of the requirements and circumstances that may influence the processing order. Consulting with an immigration attorney or a qualified expert can help navigate the complexities of these applications and increase the chances of successful approval.
