Streamline Your Process with Concurrent Filing: A How-To Guide

A concurrent filing of Form I-485 refers to the process of submitting an application for adjustment of status to that of a lawful permanent resident (green card holder) in the United States at the same time as other related immigration petitions or applications. Form I-485 is typically filed by foreign nationals who are already in the United States and are eligible to adjust their status to permanent residency.

Concurrent filing is possible when an applicant is eligible for more than one immigration benefit, and they are taking advantage of the opportunity to submit multiple applications simultaneously. The most common scenario for concurrent filing involves individuals who are eligible for adjustment of status based on a family-sponsored petition (Form I-130, Petition for Alien Relative) or an employment-based petition (such as Form I-140, Immigrant Petition for Alien Worker), and they file Form I-485 concurrently with the petition that supports their eligibility.

Here are a few key points to consider about concurrent filing of Form I-485:

  • Family-Based: If you are an immediate relative of a U.S. citizen (spouse, child under 21, or parent of a U.S. citizen who is over 21), you can typically file Form I-485 concurrently with the Form I-130 petition filed by your U.S. citizen relative.
  • Employment-Based: If you have an approved employment-based immigrant petition (Form I-140) or a labor certification, you can file Form I-485 concurrently with the immigrant petition if a visa number is available based on your priority date.
  • Refugee/Asylee Adjustment: Refugees and asylees can file Form I-485 concurrently with their approved refugee or asylee status application (Form I-730 or Form I-589, respectively).
  • Non-Immigrant Visa Holders: Some individuals in the United States on certain non-immigrant visas, like the K-1 fiancé(e) visa, may be eligible for concurrent filing if they have a valid basis for adjustment of status.

Who is eligible for concurrent filing of Forms I-130 and I-485?

Concurrent filing of Forms I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) is typically available to immediate relatives of U.S. citizens. Immediate relatives include the following categories of family members:

  • Spouses of U.S. Citizens: A U.S. citizen can file Form I-130 on behalf of their foreign national spouse, and the foreign national spouse can concurrently file Form I-485 to adjust their status to that of a lawful permanent resident (green card holder) while remaining in the United States.
  • Children (Unmarried and Under 21) of U.S. Citizens: U.S. citizens can file Form I-130 for their unmarried children who are under 21 years of age, and the children can concurrently file Form I-485.
  • Parents of U.S. Citizens: U.S. citizens who are at least 21 years old can file Form I-130 for their foreign national parents, and the parents can concurrently file Form I-485.

For these immediate relatives, concurrent filing expedites the process of obtaining a green card, allowing the family member to begin the adjustment of status process without waiting for Form I-130 to be approved first. It’s important to note that this process is designed to facilitate family reunification and is generally not subject to annual numerical quotas or visa number limitations, making it one of the faster pathways to obtaining permanent residency.

It’s essential to follow the specific filing instructions provided by the U.S. Citizenship and Immigration Services (USCIS) and ensure that you meet the eligibility criteria for both Form I-130 and Form I-485. Additionally, always check the USCIS website or consult with an immigration attorney for the most up-to-date information and guidance on concurrent filing.

Originally posted 2023-10-28 08:11:44.