Concurrent Filing

Concurrent filing is when an immigrant petition and the adjustment application for a green card, 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 cases:

• Applicants living in the US who are Immediate relatives of U.S. citizens

           (I-130 + I-485)

• Most employment based applicants and their eligible family members

           when a visa number is immediately available  (I-140 + I-485)

• Self petitioning battered spouse or child if the abusive spouse or parent is

            a U.S. citizen or permanent resident, and Widows and widowers of

            American citizens (I-360+ I-485)

Consular Processing and Concurrent Filing:   Concurrent filing cannot occur in cases that are processed by a US Consulate overseas.  For consular cases, 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 for 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.    In some Preference categories, where there is a quota, the applicant must have an approved petition before being allowed to file for Adjustment of Status.

The I-360 and I-485 can be filed together for applicants who are living in the US and who are Amerasians, Widow or Widower of a US citizen, or self-petitioning battered or abused spouses, parents or children of U.S. citizens or permanent residents.    

I-360 applicants living outside the US can only file the I-360 with CIS in the US, and cannot file the I-485.    After the I-360 is approved, the petitionwill be forwarded overseas to the U.S. consulate.   The applicant can then apply for an immigrant visa and receive the Green Card after entry to the US.

When CIS processes concurrent filing, they first determine eligibility for an immigrant visa.   If a visa number is available, and the Form I-485 is approvable, USCIS will approve both the petition and the adjustment application.   CIS will send separate decision notices for each of the two forms.

Please note that for all of these Concurrent filing examples, Adjustment of status is possible only if the applicant was admitted properly to the US and did not violate the terms of the admission visa.

When you file concurrently, you should include a cover letter.  The same letter should be attached to the petition and to the Adjustment application.  You should include a description of what you are petitioning for (I-130 or I-360), and a list everything in the packet.

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Q.1.  If I file an I-130 and I-485 concurrently, along with an application for Employment Authorization, what is the time frame for processing?

 A.1.  The Employment Authorization is usually issued within 30 to 90 days.  You may have to wait from several months to a couple of years for the Green Card.

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Q.2.   What about the Medical Exam report and the Affidavit of Support?  Should they be sent with the Concurrent filing?

 A.2.  It will speed up processing if you send everything at the beginning:  The petition, the Affidavit of Support, Adjustment application, Medical Exam form, Advance Parole application and application for Employment Authorization.

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Q.3.  How many fees are required for a complete concurrent filing package?

 A.3. You should send two checks with your concurrent filing:  one check for the petition and one check for the I-485 Adjustment application.