Concurrent Filings: Understanding Simultaneous Applications for Immigration Benefits

Are you an immigrant who wants to live permanently in the United States? You may have heard of the term “concurrent filing.” But what does it mean, and how does it affect your immigration process?

Concurrent filing is a method of submitting multiple immigration applications together in a single package. For instance, you can file both an immigrant petition (such as Form I-130 for family-based immigration) and an adjustment of status application (such as Form I-485 for becoming a lawful permanent resident) at the same time. This approach streamlines the process and allows you to pursue both benefits simultaneously, potentially saving time and expediting your journey to permanent residency.

Concurrent filing is only available for some categories of immigrants who are eligible to adjust their status to permanent residence in the U.S. These include:

Immediate relatives of a U.S. citizen
Employment-based applicants with a current priority date

Other categories of immigrants are not eligible for concurrent filing, such as:

Family-sponsored preference applicants
Diversity visa lottery winners
Refugees and asylees

Do you need help with concurrent filing? Contact an immigration attorney in Texas today. At Andrew T. Thomas, Attorneys at Law, we help clients with all immigration issues.

Regular vs. Concurrent Filings

Regular filing and concurrent filing are two different approaches to submitting immigration applications.

Regular Filing

In regular filing, applicants submit immigration applications separately, one after the other, with each application processed individually in a sequential manner. Typically, you would file your immigrant petition first. Then, you would wait for it to be approved. After approval, you would apply for an adjustment of status.

An immigrant visa number is a numerical limit that sets how many people can receive a green card in each category and country annually. In some cases, certain categories and countries have higher demand than available slots, resulting in a visa backlog. This backlog leads to extended waiting times between filing your immigrant visa petition and filing your adjustment of status application.

Concurrent Filing

Concurrent filing allows eligible applicants to submit multiple immigration applications together in a single package, streamlining the process and potentially expediting the decision-making by processing them concurrently.

This means that you do not have to wait for your immigrant petition to be approved. Also, you don’t need your visa number to file your adjustment of status application. However, you still have to wait for both forms to be processed and approved by the USCIS.

Concurrent filing is available for specific categories, which include immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21. These individuals are not subject to numerical limits for visa numbers, so they don’t have to worry about waiting for one.

Another category eligible for concurrent filing is employment-based applicants with a current priority date. These are foreign workers sponsored by their U.S. employers for a green card. A priority date is when their immigrant petition was filed or accepted by U.S. Citizenship and Immigration Services. The monthly Visa Bulletin by the Department of State determines if their priority date is current, meaning a visa number is available for them to file concurrently.

Additionally, special immigrants in certain categories may also file concurrently if there is no visa backlog in their category.

Understanding the Concurrent Filing Process

Interested in filing for adjustment of status concurrently with an immigrant petition? Here’s how you can streamline the process by submitting both applications together. Ensure you meet the eligibility requirements and accurately complete the necessary forms for a seamless filing experience.

Concurrent filing is authorized through the Immigration and Nationality Act (INA) and the Code of Federal Regulations (CFR), which are the governing bodies overseeing immigration in the United States. INA § 245(a) allows certain individuals in the U.S. to apply for adjustment of status, while CFR § 245.2(a)(2) permits those eligible under INA § 245(a) to concurrently file their adjustment of status application alongside an immigrant petition, provided they have available visa numbers.

Depending on your circumstances, you can choose to file:

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, the essential form for this process is Form I-485, which requires details regarding your identity, background, health, and eligibility for a green card.

Concurrent Filings: Step-By-Step

Below are the steps involved in the concurrent filing process:

Gather the required documents. These supporting documents may include:
Proof of your identity, such as a passport, birth certificate, or driver’s license
Proof of your relationship to your petitioning family member or employer. Provide a marriage certificate, adoption decree, or employment contract.
Proof of your lawful entry and status in the United States, such as a visa, I-94 record, or admission stamp
Proof of your medical examination. Includes Form I-693, Report of Medical Examination, and Vaccination Record
Proof of your financial support. Includes Form I-864, Affidavit of Support, or Form I-134, Affidavit of Support
Proof of any other eligibility requirements or waivers that apply to your case. These are:
- Form I-601
- Form I-212
Fill out the following forms:
- 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
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-765, Application for Employment Authorization (optional)
- Form I-131, Application for Travel Document (optional)
Pay the required filing fees:
- Filing fees: Pay filing fees to USCIS for processing your forms. The amount varies depending on the type of form and the category of applicant.
Biometric services fees: Pay $85 to USCIS for collecting your:
- Fingerprints
  Photograph
- Signature
- Other fees: These are the fees that you may have to pay to other agencies or entities.
Mail the package: Mail your forms to the correct USCIS address. The address depends on the immigrant petition type and the delivery method.

How Andrew T. Thomas, Attorneys at Law, Can Help You With Concurrent Filings

Andrew T. Thomas, Attorneys at Law, can help with concurrent filings. Here are some ways that we can assist you with your concurrent filing:

Evaluating your eligibility and suitability of concurrent filings
Preparing and reviewing the adjustment of status checklist and the necessary forms and documents
Advising on how to avoid common mistakes and pitfalls
Representing and advocating for you throughout the process

Our experienced attorneys at Andrew T. Thomas, Attorneys at Law, have helped countless clients with their immigration needs. Contact us today for a free consultation, and let us help you.