For many immigrants navigating the complex U.S. immigration system, efficiency and timing can make all the difference. One mechanism that can streamline the process of obtaining lawful permanent residency is concurrent filing. This option allows certain applicants to submit multiple immigration applications together, significantly reducing wait times and providing greater clarity about their status.
Concurrent filing has become an essential tool for families and workers pursuing green cards. It provides an opportunity to file both the immigrant petition (the first step in the green card process) and the application for adjustment of status at the same time. This means that instead of waiting for an immigrant petition to be approved before moving forward, applicants can take both steps in parallel, provided they meet eligibility requirements.
This blog will explain what concurrent filing is, who qualifies, how it works, and why professional guidance is often necessary to ensure success.
What Is Concurrent Filing?
Concurrent filing refers to the process of submitting an Adjustment of Status application (Form I-485) at the same time as an immigrant petition, or attaching an I-485 to a petition that has been filed but not yet approved. The key advantage is that it allows both applications to move forward simultaneously.
The two primary situations where concurrent filing applies are:
- Family-Based Immigration: Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) can file Form I-130 (Petition for Alien Relative) and Form I-485 together.
- Employment-Based Immigration: Workers with approved U.S. employers may file Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 concurrently, as long as their priority date is current according to the Department of State’s Visa Bulletin.
By combining these filings, applicants often save months, or even years, in the immigration process.
Why Concurrent Filing Matters
U.S. immigration procedures are often lengthy and complex. Typically, an immigrant petition is filed first and must be approved before an individual can file to adjust status. This traditional process can be slow, leaving applicants in limbo for extended periods.
Concurrent filing changes this dynamic by allowing both steps to proceed at the same time. The benefits include:
- Faster Processing: Both applications are reviewed in parallel rather than sequentially.
- Eligibility for Work and Travel Authorization: Applicants can file for work permits (Employment Authorization Document, or EAD) and Advance Parole (travel authorization) while their I-485 is pending.
- Peace of Mind: Applicants often feel more secure knowing their full adjustment package is already in process.
- Flexibility: Families and workers gain the ability to remain in the U.S. legally while waiting for approval.
Family-Based Concurrent Filing
In the family-based immigration context, concurrent filing is especially valuable. Immediate relatives of U.S. citizens do not face visa backlogs, meaning a visa is always considered available. Because of this, a U.S. citizen can file Form I-130 and the immigrant relative can file Form I-485 at the same time.
This pathway is most commonly used for:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (when the sponsoring child is at least 21)
By submitting both forms concurrently, families can remain united during the immigration process instead of being separated by long waits.
Employment-Based Concurrent Filing
In the employment-based context, concurrent filing depends on visa availability. USCIS uses the Department of State’s monthly Visa Bulletin to determine whether a priority date is “current.”
If an immigrant worker’s priority date is current in the appropriate preference category, the I-140 and I-485 can be filed together. This option is often used by:
- Professionals holding advanced degrees
- Workers with extraordinary abilities
- Multinational executives and managers
- Skilled workers where visa availability permits
The ability to file both forms together allows employers and employees to move forward with the adjustment process without unnecessary delays.
Requirements and Limitations
While concurrent filing is a powerful tool, not every applicant is eligible. Important requirements and restrictions include:
- Visa Availability: Employment-based applicants must have a current priority date. Family-based applicants must qualify as “immediate relatives.”
- Location: Applicants must be physically present in the U.S. to file Form I-485. Those abroad must go through consular processing instead.
- Documentation: Applicants must include complete evidence for both the immigrant petition and adjustment application. Missing information can cause denials or delays.
- Ineligibility Issues: Certain factors—such as unlawful presence, unauthorized employment, or prior immigration violations—can make applicants ineligible for adjustment.
The Concurrent Filing Process
Concurrent filing generally follows these steps:
- Preparation of Forms: The petitioner (family member or employer) prepares Form I-130 or I-140, while the applicant prepares Form I-485.
- Supporting Documentation: Required evidence such as birth certificates, marriage certificates, proof of relationship or employment, and financial support documents must be included.
- Filing Package Submission: Both forms, along with filing fees and supporting evidence, are submitted to USCIS at the same time.
- Receipt Notices: Applicants receive confirmation that USCIS has accepted the filings.
- Biometrics Appointment: Applicants are scheduled to provide fingerprints, photographs, and signatures.
- Work and Travel Authorization: Applicants may apply for EAD and Advance Parole while the I-485 is pending.
- Interviews and Adjudication: USCIS may require an interview to verify eligibility before approving the green card.
Challenges with Concurrent Filing
Though concurrent filing offers significant advantages, it can also present challenges:
- Denials: If the underlying immigrant petition is denied, the I-485 will also be denied.
- Backlogs: In employment-based categories, if visa numbers retrogress after filing, the I-485 may be paused.
- Complex Evidence Requirements: Failing to submit complete documentation can delay or jeopardize approval.
- Legal Issues: Past immigration violations or criminal records may complicate the process.
Because of these risks, many applicants choose to work with immigration attorneys who can ensure the filings are accurate and complete.
Why Legal Help Is Important
Concurrent filing is a valuable option, but its rules can be confusing. Understanding eligibility, visa availability, and documentation requirements is essential to success.
An experienced immigration attorney can:
- Evaluate whether concurrent filing is available in your case
- Prepare strong applications with the necessary supporting evidence
- Anticipate challenges related to eligibility or past immigration issues
- Monitor visa bulletin changes that could affect employment-based filings
- Provide representation if USCIS raises concerns or issues a denial
Conclusion
Concurrent filing has become a lifeline for many families and workers seeking permanent residency in the United States. By allowing applicants to submit an immigrant petition and adjustment-of-status application simultaneously, the process can reduce delays and create greater stability for applicants while their cases are pending.
If you are considering concurrent filing, the assistance of a knowledgeable attorney can make all the difference. Olmos & Reynolds Law Group, LLP is a dedicated immigration lawyer in Los Angeles with years of experience helping clients successfully file adjustment and immigrant petitions. Choosing the right immigration lawyer in Los Angeles ensures your filings are prepared properly and your eligibility is fully assessed. When your future in the U.S. is at stake, working with an immigration lawyer in Los Angeles can provide the guidance and peace of mind you need to reach your immigration goals.
FAQ
What is concurrent filing in immigration?
Concurrent filing allows applicants to submit Form I-485 for adjustment of status at the same time as an immigrant petition (Form I-130 or I-140).
Who is eligible for concurrent filing?
Immediate relatives of U.S. citizens and certain employment-based applicants with current priority dates are eligible.
Can I file concurrently if I am outside the U.S.?
No, concurrent filing is only available to those applying for adjustment of status within the U.S.
Does concurrent filing speed up the green card process?
Yes, it often reduces waiting times since both applications are processed simultaneously.
What happens if the immigrant petition is denied?
If the immigrant petition is denied, the adjustment of status application will also be denied.
Do I need a lawyer for concurrent filing?
While not required, a lawyer can ensure your application is complete, accurate, and properly documented.
