Who is Eligible for Concurrent Filing

Completing immigration applications concurrently is a not-so-well-known tool that some applicants are eligible for. It is available to foreigners in family-based immigration situations as well as in employment-based cases.

Understanding Concurrent Filing in a Nutshell

Filing concurrently with the United States Citizenship and Immigration Services (USCIS) is a unique procedure that permits you to submit two applications simultaneously. For example:

  • An I-130, Petition for Alien Relative or an I-140, Petition for Alien Worker together with
  • an I-485, Application to Register Permanent Residence or Adjustment of Status

Submitting two forms at the same time allows the applicant to save a significant amount of time along with other great benefits. In order to submit a file successfully without any errors on those application forms have an immigration lawyer assist you.

Who Qualifies for an I-130 and I-1485 Concurrent Filing?

Generally, not everyone is eligible for this unique U.S. immigration benefit. There are certain circumstances that allows applicants to file concurrently such as:

  • You are being sponsored by an immediate family member who is your child that is over twenty-one years of age or a parent over twenty-one years old
  • You have been given a visa number
  • You are in the Armed Forces and you are undergoing an application for a special immigrant visa
  • You are a special immigrant juvenile
  • You are an abused child or spouse of a U.S. citizen that is self-petitioning

Visa Categories For I-140 And I-485 Concurrent Filing Eligible Applicants

Foreigners, in employment situations with concurrent filing is available to applicants under:

  • EB-1 Priority Workers
  • EB-2 Professionals holding and advanced degree or applicants of exceptional ability
  • EB-3 Skilled Workers, Professionals, or Other Workers

Inadmissibility Criterion

Even if you are under the above criterion, your application can still be denied. You are not permitted to file concurrently if you have been an unlawful employee in the U.S. or have violated your non-immigrant status. You also do not qualify if your two-year conditional resident status has not been waived or completed.

Filing Concurrently

When submitting a concurrent application, the I-130 or I-140 and I-485 are required to be filed at the same time. Your concurrent application package must have supporting documentation for each form and you must cover the fees for each form. The USCIS will examine both forms in your concurrent application at the same time. However, USCIS will mail you a notification letter with the decision made on each individual form.

The USCIS will evaluate your forms altogether as long as each form meets the requirements. An application process starts with the first assessment of your I-130 or I-140, depending on the immigration objective and benefit you are seeking. The USCIS officer handling your case has the authority to halt the application process if the forms you submitted do not pass the first assessment stage and could eventually reject your application. Your I-485 application will not be considered.

Anyone submitting forms from a foreign country through a U.S. Consulate must be aware that concurrent filing is not available.

Reach Out To An Immigration Attorney

Going through the process of a concurrent petition is not as easy as it looks. This requires the help of an immigration lawyer who specializes in this area. You can call Gambacorta Law Office at 847 443 9303 or visit any of the locations provided on the website.