Concurrent 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:
- Form I-130, Petition for Alien Relative
- Form I-140, Immigrant Petition for Alien Worker
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
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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