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Concurrent Filing for Adjustment of Status

immigration lawyers

Concurrent filing 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
  • Religious workers applying for a special immigrant visa and their eligible family members
  • Special Immigrant Juveniles
  • 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 U.S. Citizenship and Immigration Services (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, or 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.



Last updated: 09/03/2009

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Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 30 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..
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