Many steps are required for those going through the immigration process, which could result in you having multiple immigration petitions pending at the same time. However, there are scenarios where this is and isn’t a good idea, so you need to make sure you aren’t jeopardizing your petitions. The best way to understand how the immigration process works and what your options are when your petitions are pending is to work with an immigration attorney. So, keep reading to find out if you can have multiple immigration petitions pending at the same time, and if so, when this is a good option.
When Multiple Immigration Petitions Are Allowed
The good news for immigrants is that you are allowed to have multiple immigration petitions pending at one time. In fact, there are several scenarios where this is commonly the case.
For instance, you may have multiple I-130 petitions filed at the same time, which is allowed. However, each petition needs to be based on a legitimate qualifying relationship, such as having one petition filed by your U.S. citizen spouse and having the other filed by a U.S. citizen sibling. Also, even when you have multiple petitions pending, they will each be evaluated separately by the USCIS.
Having multiple petitions is also commonly the case for those who are going through the process of family-based immigration as well as employment-based immigration. Having multiple petitions pending is a way of speeding up the process so that you can legally come to the U.S. and obtain work authorization.
Additionally, the USCIS allows multiple immigration petitions for non-immigrant visa applications filed alongside immigrant petitions. This is often the case when an immigrant is coming to the United States on a temporary visa while starting the process of applying for a green card.
Common Situations Involving Multiple Petitions
The USCIS does not strictly prohibit anyone from having multiple petitions pending at once under any circumstances. But there are a few situations where it is more common for multiple petitions to be filed at once, including:
- Family sponsorship with employment-based immigration.
- Multiple family-based petitions for different family members.
- Applying for extraordinary ability and employer-sponsored classifications.
Anytime you have concurrent immigration filings, working with an immigration attorney is strongly recommended. As with any immigration pathway, there are risks to having multiple immigration petitions, and an attorney can help you to mitigate these risks and improve your chances of approval.
Benefits of Multiple Pending Petitions
Although it can be a bit more complex to have multiple green card applications at once, this can be beneficial for some applicants. A common benefit of having multiple petitions is that it creates a backup plan in case one immigration option falls through or isn’t approved. This is especially the case for family-based immigration where you may be sponsored by two separate qualifying family members.
Having multiple application applications can give you greater flexibility instead of relying on just one immigration pathway. It could also result in faster access to permanent residence if the more preferable immigration option is approved.
Risks and Considerations
Although there are plenty of benefits to having multiple immigration petitions, especially in certain circumstances, there are some risks. These are things that you need to consider before you start petitioning so that you know what you expect and can avoid running into issues.
- Filing fees: Firstly, you need to keep the individual filing fees in mind when filing multiple petitions, as this can add up quickly. And these filing fees aren’t refundable.
- Additional documentation: It can be overwhelming to provide documentation for one immigration petition, let alone multiple. So, if you are going to file multiple petitions, you need to be prepared to provide all of the additional documentation needed for each individual petition.
- Consistency: The USCIS is always keeping a very close eye out for inconsistencies in applications, which can become an even greater risk when you have multiple petitions. So, you need to be extra careful to ensure all of the information you provide is consistent throughout your applications.
- Immigration intent: Depending on your situation, you could run into issues with immigrant intent. Some immigration categories are designed to be temporary and aren’t allowed for those who wish to obtain permanent residence in the United States.
An immigration attorney can work with you to mitigate many of these concerns so that all of your petitions stand a good chance of being approved.
What Happens If Multiple Petitions Are Approved?
If you get lucky and have multiple petitions approved, you can generally proceed with the most favorable option. Usually, this will come down to the fastest option that allows you to obtain either a visa or a green card with the shortest wait time.
However, there are a few things that can affect which petition you can move forward with first, including:
- Visa bulletin availability
- Adjustment of status eligibility
- Consular processing times
- Petition priority dates
Hire an Immigration Attorney Today
Are you worried about having simultaneous immigration petitions pending at once? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can two family members file immigration petitions for me at the same time?
Yes. Multiple family members are allowed to file separate immigration petitions for another family member if all of the eligibility criteria are met. This can be a good way of having a backup option if one petition isn’t approved.
Can I have both an I-130 and an I-140 pending?
Usually, yes. The USCIS allows applicants to pursue both family-based and employment-based immigration options at the same time as long as the eligibility criteria is still met.
Will having multiple petitions hurt my case?
As long as all of your petitions are thorough and contain only truthful and accurate information, this shouldn’t create any issues. One exception to this is if you are simultaneously applying for a non-immigrant visa that doesn’t allow immigration intent and a more permanent immigration option.
