In certain cases, immigrant petitions and Form I-485, Application to Register Permanent Residence or Adjust Status can be filed at the same time and this process is known as concurrent filing. People who are allowed to file concurrently can file their adjustment of status applications with the required fee and the supporting documents at the time their sponsors file immigrant petitions for them. These petitions can be filed concurrently at the same filing location.
Categories of applicants eligible for concurrent filing:
- Immediate relatives of U.S. citizens living in the U.S.
- Employment based applicants and their eligible dependents for whom immigrant visa numbers are immediately available.
- Special Immigrant Juveniles.
- Concurrent filing is available to self-petitioning battered spouses or children of U.S. citizens, for whom immigrant visa numbers are immediately available.
- Members of the U.S. Armed Forces applying for special immigrant visas under Section101(a)(27)(K) of the Immigration and Nationality Act (INA) Special Immigrant International Organization Employee or family member.
Immediate relatives of U.S. citizens can opt for concurrent filing. That is because there are no numerical limitations in this immediate relatives category. Applicants who must go through consular processing are ineligible for concurrent filing. Concurrent filing is available only to above mentioned categories of applicants who are in the U.S. and who are adjusting status to green card status. Immigrant petitions and adjustment of status applications can be filed concurrently if visa numbers are available.
Adjustment of status applications can be concurrently filed along with Form I-130, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, applicants need to read the form instructions prior to filing their applications as not all the applicants are eligible for concurrent filing.
Adjustment of status is meant for applicants who hold non-immigrant visas and who are present in the U.S. and not for those living abroad. People living in foreign countries and for whom immigrant petitions have been filed, need to file applications for immigrant visas at U.S. embassies or consulates in their home countries and go through consular processing.
