The Concurrent Filing process is a procedure in which a foreign national can apply for Lawful Permanent Resident (LPR) status (a “green card”) and an employment-based (EB) nonimmigrant visa status at the same time. This means that the foreign national can both adjust their status to LPR and obtain an employment-based visa within the same application process. This procedure is beneficial for those who are eligible for both visas, since it allows them to obtain their green card and begin work in the U.S. simultaneously.
In order to file for concurrent adjustment of status and application for an Employment Authorization Document (EAD) through the Concurrent Filing process, an individual must submit the following documents:
1. Form I-485, Application to Register Permanent Residence or Adjust Status;
2. Form I-765, Application for Employment Authorization;
3. Form I-131, Application for Travel Document;
4. Proof of identity, such as a passport or national identity card;
5. Proof of eligibility for adjustment of status;
6. Two passport-style photos;
7. Required medical examinations and vaccination records; and
8. Any other documents requested by USCIS.
If you have already filed an I-140 petition with USCIS, you may be eligible for the Concurrent Filing process. Specifically, if you are filing an I-485 adjustment of status application (e.g., a green card application) based on a previously approved I-140 immigrant visa petition, then you may file your I-485 and I-765 and I-131 applications at the same time. If you do not yet have an approved I-140, then you are not eligible for the Concurrent Filing process.
No, the concurrent filing process does not require an interview. However, depending on the type of case, an applicant may be asked to appear for an interview if USCIS requests additional information or evidence.
The procedure for filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently is as follows:
1. File the Form I-130. The petitioner should submit all necessary supporting documents with the form.
2. Once the Form I-130 is approved, the beneficiary can file the Form I-485. This form should include supporting documents such as proof of eligibility and identity.
3. The beneficiary will then be required to attend biometrics services, where fingerprints and photos will be taken.
4. The USCIS will review the application and issue a decision. If approved, the beneficiary will receive a green card.
Yes, there is a fee for filing Form I-130 and Form I-485 concurrently. The fees for both forms together are $1,225, which includeForm I-130 filing fee of $535 and Form I-485 filing fee of $690.
Yes, it is possible to file Form I-130 and Form I-485 separately. Depending on the visa type, you may need to wait until your relative’s immigrant visa priority date is current before filing Form I-485. However, in some cases, you may be able to apply for both forms at the same time.
Concurrent filing is when a foreign national applies for permanent residency (through the I-485) and an employment-based visa (through the I-140) at the same time. This can be beneficial as it allows for a foreign national to stay in the U.S. and work on the basis of an Employment Authorization Document (EAD) while the I-140 and I-485 are pending.
Separate filing, on the other hand, is when a foreign national first applies for an employment-based visa through the I-140 and then, once the I-140 has been approved, applies for permanent residency through the I-485. It can be seen as more advantageous because the foreign national has already secured their status in the U.S. via the I-140 before applying for permanent residency through the I-485.
Yes, you can. You can update your address during the concurrent filing process by submitting Form AR-11, Alien’s Change of Address Card.
Yes, all the members of your family who are eligible to immigrate to the United States may be included in the concurrent filing process. This means that if you are applying for a green card as the primary applicant, your spouse and any unmarried children under 21 years old can also be included in the same application.
The best way to check the status of your concurrent filing application is to contact the United States Citizenship and Immigration Services (USCIS). Representatives at the USCIS will be able to provide you with the most up-to-date information regarding the status of your application.
If you applied for Concurrent Filing, your documents will be delivered to you by mail. If you applied online, your documents will be delivered electronically.
Yes, you can travel outside the US during the concurrent filing process as long as you have a valid green card or a valid temporary I-551 stamp in your passport when you return. However, if you have not had your I-485 approved at the time you travel abroad, you may face difficulty returning to the US.
If your application is denied during the Concurrent Filing process, you have the option of reapplying or appealing the decision. If you choose to reapply, you must submit a new application and pay the applicable filing fee. If you choose to appeal the decision, you must file a motion with the Board of Immigration Appeals (BIA) and provide evidence in support of your claim.
Yes, as long as you have a valid H-1B visa, you can work in the US while your concurrent filing application is pending. However, you must ensure that your employer is aware of the filing of the concurrent application and has agreed to its terms.
If one of your family members is denied in the concurrent filing process, their application will be processed separately. They may also have to wait until the primary applicant’s immigration case is approved before they can continue their own case.
Yes. If you are in removal proceedings and are eligible to file for Concurrent Filing, you may do so. However, there are certain restrictions that may apply. The USCIS will not accept a concurrent filing if the applicant has been ordered removed, has an outstanding order of removal, or has a deportation proceeding pending. Additionally, the applicant must be physically present in the United States and must have had a valid nonimmigrant status on the day prior to filing their application.
Yes. You can file for an extension of stay while your Concurrent Filing application is pending. However, you must provide proof of your Concurrent Filing application when filing for the extension of stay.