Concurrent filing is a term used when an immigrant petition and the adjustment application is filed at the same time along with the filing fees and supporting documentation. The Petition for Alien Relative, Form I-130, and the Application to Register Permanent Residence, Form I-485, may be filed concurrently if you are already in the U.S. and meet certain eligibility guidelines. If you apply for a Green Card while in another country and you have to go through consular processing, you will not be able to file the forms at the same time. This is because, in the case of consular processing, your forms go to both the Department of State and the USCIS.
Beware that the guidelines for concurrent filing are open to immigrants applying for a family-based Green Card and employment-based Green Card.
Who is Eligible to File Concurrently?
Under the following circumstances, you may be able to file I-130 and I-145 concurrently:
- You can file concurrently if you have an immediate U.S. citizen relative sponsoring you. Immediate relatives are spouses, parents over the age of 21 or children over the age of 21
- You can file concurrently if a visa number is immediately available.
- You can file concurrently if you are a special immigrant juvenile
- You can file concurrently if you are a self-petitioning battered spouse or child and the person who committed the abuse, your spouse or parent, is a U.S. citizen.
- You can file concurrently if you are applying for a special immigrant visa and you are a a member of certain branches of the Armed Forces.
Who Isn’t Able to File Concurrently?
- People who do not have immediate relatives living in the United States cannot file concurrently. Non-immediate relatives do not have a visa number available for them at all times while immediate relatives do. Non-immediate relatives fit into a family preference category. Eligible relatives can include the U.S. citizen’s unmarried sons or daughters over the age of 21, their married children of any age, and brothers or sisters.
- People who do not have a special case such as immigrant juveniles and abused spouses or children.
- People who are not filing from inside the United States. This is because getting a Green Card from outside the country requires involvement from two agencies: the USCIS and the Department of State. Therefore, it impossible to file concurrently.
How to file Concurrently?
After you have determined that you are eligible, you will be able to apply for a Green Card in a one step process. Because you will have visa number available and you have all the qualifications necessary for a Green Card, you will not have to wait to get approval. The USCIS will consider your application at the same time as your sponsoring family member’s application but you each will receive separate decision notices.
You can use our online service to find out if you are eligible to file Form I-130, and Form I-485 Concurrently using our free eligibility quiz. We also provide you with a step by step process to complete your application without any mistake.
