Geygan & Geygan, Ltd.

A Cincinnati Immigration Law Firm

Concurrent Filing of Forms I-130 and I-485

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Welcome to the United StatesConcurrent filing of Form I-485 is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed simultaneously and mailed with all the required filing fees and supporting documentation to the same filing location.

Who can file concurrently?

Concurrent filing is allowed in these instances:

  • Immediate relatives of U.S. citizens living in the United States
  • Most employment based applicants and their eligible family members when a visa number is immediately available
  • Special immigrant juveniles if an EB-4 visa number is immediately available and USCIS has jurisdiction over the application to adjust status.
  • Self petitioning battered spouse or child if
  • The abusive spouse or parent is a U.S. citizen, or
  • If an immigrant visa number is immediately available
  • Certain Armed Forces Members applying for a special immigrant visa under Section 101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

Consular Processing and Concurrent Filing

Concurrent filing cannot occur in consular processed cases, as the immigrant petition is filed with USCIS and the application for an immigrant visa is filed with the Department of State. Therefore concurrent filing is only seen in an immigrant adjusting to permanent resident status (a green card) while in the United States.

Visa Availability and Concurrent Filing

A petition and application may be filed concurrently when a visa number is immediately available at the time of filing. Concurrent filing is always allowed for all immediate relatives of a United States citizen, since there are no numeric limitations in this category. However, in some categories, even if a visa number is available at the time of filing, concurrent filing is not allowed as the intending immigrant must have an approved basis of eligibility (i.e. an approved petition) before being allowed to file for adjustment of status. For more information on if you can file concurrently, refer to the instructions on your immigrant petition:

When adjudicating concurrent filings, determining eligibility for the immigrant visa petition is made first. If a visa number remains available for the immigrant classification and the Form I-485 is approvable (which in certain cases requires an interview) USCIS will generally consider the adjustment application simultaneously. Separate decision notices will be sent for both forms.

Applying for a green card can be challenging if you don’t know whether you’re eligible, or what your immigration category is (if any). Mr. Geygan can help you navigate these challenges.  Contact Geygan & Geygan, Ltd. today.

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Can I Stay In The United States After Filing For The Green Card

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Obtaining a green card in the United States is taking a big step.  The process can be quite frightening for those unfamiliar with the immigration process.  There are a variety of ways to obtain a green card in the United States, however, a common means of obtaining a green card is through marriage.  In order to obtain a green card through marriage, the non-citizen will have to apply for adjustment of status, which simply means that the non-citizen’s status will be adjusted from being a visa-holder to being a lawful permanent resident.

Oftentimes, the non-citizen seeking to become a lawful permanent resident can remain in the United States during the adjustment of status application process.  However, there are certain situations where the non-citizen may need leave the United States and apply for a green card based on marriage from his or her home country.

When You Can Stay in the United States

If the non-citizen spouse entered the United States legally (even if he or she overstayed the visa period), then the non-citizen can likely stay in the United States during the adjustment of status application process.  The non-citizen immigrant spouse is deemed to have entered the United States legally if he or she entered the United States in one of the following ways:

  • Entry with a visa, such as a temporary work visa, a student visa, or a tourist visa;
  • Entry under the Visa Waiver Program – in such cases, the non-citizen spouse can enter the United States without obtaining a visa first, and can simply present his or her passport when entering the United States as a tourist; and
  • Entry with a border crossing card

These are not the only ways in which the non-citizen immigrant spouse can enter the United States, however, these are the more common ways.  While most non-citizen spouses will be able to stay in the United States during the adjustment of status process, it is still important to consult with an experienced immigration attorney to evaluate your particular circumstances.  Your case may require special steps that other cases do not require.

When You May Need to Leave the United States

If the non-citizen entered the United States illegally, meaning without inspection, he or she may be required to leave the United States and apply for consular processing based on marriage from his or her home country.  When the non-citizen spouse leaves the United States to return to his or her own country, he or she will have to apply for an immigrant visa and a green card through the consular process at the United States consulate in the non-citizen’s home country.

There is no guarantee that an application will be approved, as each application is reviewed on an individual case-by-case basis, and no two cases are alike.  The government authorities at the consulate have the discretion to deny the non-citizen an immigrant visa, and consider the non-citizen spouse to be inadmissible to the United States for a previous illegal entry.  Consular authorities will consider various factors that help them decide whether or not to approve a visa application, and the amount of time a non-citizen spouse was living in the United States illegally is a significant factor.

A non-citizen may be able to obtain a I-601 waiver in order to waive the inadmissibility status if he or she can prove that the United States citizen spouse will suffer extreme hardship if the non-citizen spouse is not able to obtain an immigrant visa in order to enter the United States legally.  As is the case with the visa application process, immigration authorities have the discretion to approve or deny the application for a waiver.  If you or your spouse wishes to re-enter the United States after being required to leave following the marriage, it is essential that you speak with an immigration attorney who can advise you as to the proper steps you should take to seek adjustment of status based on marriage.

Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation

If you or your loved one is seeking to establish permanent residency in the United States based on marriage, it is imperative that you speak with an experienced immigration attorney right away.  The process for seeking permanent resident or “green card” status could be different depending upon your individual circumstances.  The seasoned immigration attorneys of Geygan & Geygan, Ltd. provide their clients with superior legal services to help them achieve their goals of lawfully living in the United States.  Contact Geygan & Geygan, Ltd. today at (513) 791-1673 to schedule a free consultation or for a free report click here.

Top Five Mistakes When Filing For A Green Card

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Filing for adjustment of status, also known as the green card is a lot more than simply filling out a few forms. I have gone through the process personally as well as with my clients for over 19 years. Below are some of the mistakes people have made when filing on their own.

Mistake #1 – Not understanding the alien’s current immigration status.

Adjustment only works if the alien can prove that he or she entered the US with permission (what USCIS calls “with inspection”) meaning that the alien talked to immigration officers at the border or airport and was allowed into the country. If the alien entered without permission, then we need to look at waivers and if the alien is eligible for special programs.

Mistake #2 – Not Filling out all of the required forms.

A simple application takes seven to nine different forms to be completed.  According to the Office of Management and Budget of the White House, it takes a little over 21 hours and a half hours to complete the forms and gathers the supporting documents.

Mistake #3 – Not having the supporting documents.

You have to prove that the marriage is real and not just for immigration reasons. You have to prove that any prior marriages have ended. You have to prove that you are not “inadmissible” because of past actions.  You have to prove that there is enough financial support available for the alien. You have to prove each aspect of the application.

Mistake #4 – Not having the Affidavit of Support.

The affidavit of support is a critical part of the application and one that most people do not understand.  The requirements of the Affidavit of Support both for filing the application as well as after the application is approved are substantial.

Mistake # 5 – Not sending your packet to the right location.

Each application for benefits goes to a different location.  Even the same forms, based upon why you are applying go to different locations.  It is important to know the correct location or immigration, after a few weeks, will reject the application and tell you to send it to the right location.

Geygan & Geygan, Ltd. Offers a Free Consultation to Discuss Your Immigration Needs

Applying for adjustment of status based on marriage entails filling out what seems to be an endless amount of paperwork. It is very important to ensure you are filling out the forms correctly the first time you apply for adjustment of status based on marriage. Part of the process for obtaining adjustment of status is seeking to work while your application is pending. At Geygan & Geygan, Ltd., our skilled immigration attorneys will provide you with one-on-one attention and explain to you how the adjustment of status process works. Our office will review your case with a free consultation and answer any questions you may have. To schedule your free consultation, contact Geygan & Geygan, Ltd. today by calling 513-791-1673.

If you are going to file for a spouse or fiancee, we have written a short report explaining the process and what you should watch out for.

get the free pdf

 

New EAD form gets you Work Authorization and Social Security Number

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Based on a new information-sharing between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for an Employment Authorization Document (EAD) and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.

To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.

The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing. Moving forward, applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.

EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual’s eligibility for certain benefits.

If you need help getting your EAD (Employment Authorization Document) or other immigration benefit, please call Mr. Geygan at 513-791-1673.

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How Long Does It Take To Fill Out Immigration Forms

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In almost every initial meeting with a potential immigration client I get asked three questions, how long will the process take, how much will the process cost and what are my chances. These are great basic questions that everyone should know the answer to before they start their immigration process. After our in depth meeting I can accurately answer these questions. What never gets asked is how long it takes to complete the forms.

The Office of Management & Budget, as part of the Paperwork Reduction Act, computes how long it takes to complete each USCIS form. These time estimates can be found on the instructions under the heading Paperwork Reduction Act. The estimated amount of time to complete an adjustment of status application, based on marriage to a U.S. citizen is 23 hours and 49 minutes. Here is the breakdown:
I-130 Petition for Alien Relative – 2 hours
I-485 Application to Adjust Status – 6 hours 15 minutes
I-864 Affidavit of Support – 6 hours
I-765 Application for Employment Authorization – 3 hours 25 minutes
I-131 Application for Travel Document – 3 hours 39 minutes
I-693 Report of Medical Examination and Vaccination Record – 2 hours 30 minutes

One full day or three work days to complete a common immigration request for a benefit. If you are considering filing for your benefit, make sure you are legally eligible for the benefit. Also make sure you have enough time available to complete all of the forms required. If you are not sure, meet with an immigration attorney and go over your case, so you can be sure.

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8050 Hosbrook Road, Suite 107
Cincinnati, Ohio 45236
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