CONCURRENT FILING OF FORM I-485
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CONCURRENT FILING
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 at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location
WHO CAN FILE CONCURRENTLY?
Concurrent filing is allowed in the following 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 Section101(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 the context of an immigrant who is 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 there is a visa number 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 there is a visa number 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, the determination of 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 at the same time. Separate decision notices will be sent for both forms.
For more information, see USCIS Visa Availability & Priority Dates page.
ONE OF OUR LEGAL SERVICES: ATTORNEY APPLICATION REVIEW
THE TRADITIONAL LEGAL SERVICE: FULL ATTORNEY REPRESENTATION
APPLICATION REVIEW
- Check Your Eligibility
- Attorney’s Consultation(s) (The lawyer will guide you through the application process)
- Less Questions, Faster Application (Easy-To-Use Software To Fill Out Immigration Forms)
- Instant Alerts Help You Avoid Mistakes (Automatic Help and Tips on Complicated Questions; Instant Alerts To Help Avoid Mistakes; Automatic Help and Tips on Complicated Questions)
- Technical Support (Access And Share Your Completed Forms After You File)
- Ensures Completeness (Instant Alerts To Help Avoid Mistakes)
- Documents checklist (Personalized Supporting Documents and Evidence Checklist)
- Personalized Instructions (Personalized Guidance And Instructions On Where To File)
- Case submission (Automatic Case preparation guidance)
- Case Status Online Check (Link to case Updated)
- Shipping Label With Tracking Number
ATTORNEY REPRESENTATION FROM
- Check Your Eligibility
- Attorney’s Consultation(s) (The lawyer will guide you through the application process)
- Less Questions, Faster Application (Work with your lawyer to prepare your application)
- Instant Alerts Help You Avoid Mistakes (After your lawyer reviews your forms, they’ll call you to discuss any errors or answer your questions about your forms)
- Technical Support (Access And Share Your Completed Forms After You File)
- Ensures Completeness (Once it’s complete, Attorney do a final review and file the paperwork with the US government on your behalf)
- Documents checklist (Work with your lawyer to prepare your application)
- Personalized Instructions (Personalized Supporting Documents and Evidence Checklist)
- Case submission (Your attorney will give you a checklist and guide you through the process collecting supporting evidence)
- Case Status Online Check (Work with your lawyer to prepare your application)
- Preparation for Immigration Interview (Your lawyer will file the application on your behalf)
- Immigration Interview appearance ** (Included case by case and location)
- Shipping Label With Tracking Number
MORE FEATURES
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Where and what
Personalized Guidance and USCIS Fees and Instructions on where to file, free shipping label to USCIS
Up-to-date Forms
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Error Checking
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Evidence Checklist
Once you assemble and upload all required documents, we will check if the evidence is correct and will provide a cover letter.
