Concurrent filing in U.S. immigration refers to the practice of submitting multiple immigration-related applications or petitions at the same time for the same beneficiary (the person seeking immigration benefits). This process allows applicants to streamline the immigration process and potentially save time, as certain immigration benefits may be processed simultaneously. Here are some common examples of concurrent filing in U.S. immigration:
Adjustment of Status (Form I-485) with Form I-130 or Form I-140: If an eligible family member or employer sponsors an immigrant for a green card, the beneficiary (the person seeking permanent residency) can submit Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with the immigrant visa petition (Form I-130 for family-sponsored petitions or Form I-140 for employment-based petitions). This allows the beneficiary to apply for adjustment of status while the underlying immigrant petition is pending.
Employment Authorization Document (EAD) and Advance Parole (AP): When filing Form I-485 concurrently with Form I-130 or Form I-140, applicants can also submit Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) to request an EAD and Advance Parole, which enables them to work and travel while their green card application is pending.
Nonimmigrant Visa and Adjustment of Status: In some cases, individuals may enter the U.S. on a nonimmigrant visa and later decide to apply for permanent residency. They can file both nonimmigrant visa extension or change of status applications (such as an H-1B or F-1 visa extension) and an adjustment of status application concurrently if eligible.
Concurrent filing can be advantageous because it can expedite the process by allowing applicants to file multiple forms together, reduce the risk of visa overstay, and provide certain immigration benefits like work authorization and travel documents while waiting for their green card to be approved.
How to apply for concurrent filing in family-based petitions?
Applying for concurrent filing in family-based immigration petitions typically involves submitting multiple forms simultaneously to U.S. Citizenship and Immigration Services (USCIS). The most common scenario involves filing the Form I-130 (Petition for Alien Relative) and the Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. Here are the general steps to apply for concurrent filing in family-based petitions:
- Determine Eligibility:
- The U.S. citizen or lawful permanent resident family member (the petitioner) must be eligible to sponsor the beneficiary (the intending immigrant) for a green card based on their family relationship. Common relationships include spouse, child, parent, or sibling.
- Gather Required Documents:
- The petitioner will need to complete and sign Form I-130, providing information about the beneficiary and the petitioner’s relationship. Include supporting documentation to prove the family relationship, such as birth certificates, marriage certificates, or other relevant documents.
- Complete Form I-485:
- The beneficiary (the intending immigrant) must complete Form I-485. This form is the application for adjustment of status to permanent residency. Ensure all required information is accurate, and any applicable supporting documents are included. Some of the required documents may include:
- Passport-style photos
- Copy of the I-94 arrival/departure record
- Copy of the visa page from the beneficiary’s passport
- Proof of eligibility (e.g., marriage certificate, birth certificate)
- Form I-693, Report of Medical Examination and Vaccination Record
- Form I-864, Affidavit of Support (signed by the petitioner)
- Filing fee or fee waiver request (if eligible)
- The beneficiary (the intending immigrant) must complete Form I-485. This form is the application for adjustment of status to permanent residency. Ensure all required information is accurate, and any applicable supporting documents are included. Some of the required documents may include:
- Pay Fees:
- Pay the required fees for both Form I-130 and Form I-485. Check the USCIS website for the latest fee information. USCIS provides options for paying fees, including online payment and checks or money orders.
- Mail the Application:
- Mail both Form I-130 and Form I-485, along with supporting documents and payment receipts (if applicable), to the appropriate USCIS address. Make sure to use the most current mailing address, which can be found on the USCIS website.
- Receive Receipt Notices:
- After USCIS receives the application, they will issue receipt notices for both Form I-130 and Form I-485. These notices confirm that your applications have been received and are being processed.
- Attend Biometrics Appointment:
- USCIS will schedule a biometrics appointment for the beneficiary to provide fingerprints, photographs, and other biographical information. Attend this appointment as scheduled.
- Attend the Interview (if required):
- USCIS may schedule an interview for both the petitioner and beneficiary to assess the validity of the family relationship and eligibility for adjustment of status. Attend the interview as scheduled.
- Await USCIS Decision:
- USCIS will review the applications, conduct background checks, and evaluate the information provided during the process. If approved, the beneficiary will receive a green card.
How to apply for concurrent filing in employment-based petitions?
Concurrent filing in employment-based immigration petitions typically involves submitting multiple forms simultaneously to U.S. Citizenship and Immigration Services (USCIS). This process is often used when an employer sponsors a foreign worker for a green card, and the foreign worker wants to concurrently apply for adjustment of status to become a permanent resident. Here are the general steps to apply for concurrent filing in employment-based petitions:
- Labor Certification or Form I-140 Petition:
- Before filing Form I-485 (Application to Register Permanent Residence or Adjust Status), the employer must complete the labor certification process (PERM) or file Form I-140 (Immigrant Petition for Alien Worker) on behalf of the foreign worker. This is the first step in the employment-based green card process.
- Gather Required Documents:
- The employer (or the foreign worker’s attorney) should complete and sign Form I-140, providing information about the foreign worker, the job offer, and the employer’s qualifications. Include supporting documentation to prove the foreign worker’s eligibility and the job offer, such as educational degrees, work experience, and the approved labor certification.
- Complete Form I-485:
- The foreign worker must complete Form I-485. This form is the application for adjustment of status to permanent residency. Ensure all required information is accurate, and any applicable supporting documents are included. Some of the required documents may include:
- Passport-style photos
- Copy of the I-94 arrival/departure record
- Copy of the visa page from the foreign worker’s passport
- Form I-693, Report of Medical Examination and Vaccination Record
- Form I-864, Affidavit of Support (if applicable)
- Filing fee or fee waiver request (if eligible)
- The foreign worker must complete Form I-485. This form is the application for adjustment of status to permanent residency. Ensure all required information is accurate, and any applicable supporting documents are included. Some of the required documents may include:
- Pay Fees:
- Pay the required fees for both Form I-140 and Form I-485. Check the USCIS website for the latest fee information. USCIS provides options for paying fees, including online payment and checks or money orders.
- Mail the Application:
- Mail both Form I-140 and Form I-485, along with supporting documents and payment receipts (if applicable), to the appropriate USCIS address. Make sure to use the most current mailing address, which can be found on the USCIS website.
- Receive Receipt Notices:
- After USCIS receives the applications, they will issue receipt notices for both Form I-140 and Form I-485. These notices confirm that your applications have been received and are being processed.
- Attend Biometrics Appointment:
- USCIS will schedule a biometrics appointment for the foreign worker to provide fingerprints, photographs, and other biographical information. Attend this appointment as scheduled.
- Attend the Interview (if required):
- USCIS may schedule an interview for the foreign worker and possibly the employer to assess the validity of the job offer and eligibility for adjustment of status. Attend the interview as scheduled.
- Await USCIS Decision:
- USCIS will review the applications, conduct background checks, and evaluate the information provided during the process. If approved, the foreign worker will receive a green card.
