Understanding the Process of Filing I-140 and I-485 Concurrently – Insights from an Immigration Attorney

When it comes to the immigration process, there are many forms and documents that need to be filed. One common question that arises is whether it is possible to file the I-140 and I-485 concurrently. In this article, we will explore this topic and provide insights from an immigration attorney.

The I-140 is a form that is used to petition for an immigrant worker to become a permanent resident in the United States. On the other hand, the I-485 is the application to register permanent residence or adjust status. Both forms are crucial in the immigration process, but can they be filed at the same time?

According to our immigration attorney, it is possible to file the I-140 and I-485 concurrently under certain circumstances. One of the main requirements is that the immigrant worker must have a current priority date. This means that their visa category must be current, allowing them to file both forms simultaneously.

However, it is important to note that filing the I-140 and I-485 concurrently does not guarantee approval. Each form has its own set of requirements and eligibility criteria that must be met. It is crucial to consult with an immigration attorney to ensure that all necessary documents are submitted correctly and that the process is followed accurately.

Can You File I-140 and I-485 Concurrently? Immigration Attorney Explains

When it comes to the immigration process, there are many forms and documents that need to be filed. One common question that arises is whether it is possible to file the I-140 and I-485 forms concurrently. In this article, we will explore this question and provide an explanation from an immigration attorney.

The I-140 form, also known as the Immigrant Petition for Alien Worker, is used to petition for an employment-based immigrant visa. This form is typically filed by the employer on behalf of the foreign worker. On the other hand, the I-485 form, also known as the Application to Register Permanent Residence or Adjust Status, is used to apply for a green card.

According to the immigration attorney, it is possible to file the I-140 and I-485 forms concurrently under certain circumstances. One of the main requirements is that the foreign worker must have a current priority date. The priority date is determined by the date the labor certification or immigrant petition was filed. If the priority date is current, meaning that the visa is available, then the I-140 and I-485 forms can be filed together.

There are several benefits to filing the I-140 and I-485 forms concurrently. One of the main benefits is that it can save time. By filing the forms together, the foreign worker can potentially avoid the lengthy wait times associated with the I-140 approval process before being able to file the I-485 form. This can expedite the overall immigration process and allow the foreign worker to obtain their green card sooner.

However, it is important to note that not all foreign workers are eligible for concurrent filing. The immigration attorney explains that eligibility depends on various factors, such as the visa category and country of chargeability. It is recommended to consult with an immigration attorney to determine eligibility and ensure that all necessary requirements are met.

Understanding the Concurrent Filing Process

When it comes to the immigration process in the United States, filing the necessary forms and applications can be a complex and time-consuming task. One option that applicants have is to file their I-140 and I-485 forms concurrently, which can streamline the process and potentially save time.

Concurrent filing refers to the practice of submitting both the I-140 Immigrant Petition for Alien Worker and the I-485 Application to Register Permanent Residence or Adjust Status at the same time. This means that the applicant is simultaneously requesting both an employment-based immigrant visa and adjustment of status to become a lawful permanent resident.

There are several benefits to filing these forms concurrently. First and foremost, it can save time. By submitting both forms together, the applicant can avoid potential delays that may arise if they were to file them separately. This is because the processing of the I-140 and I-485 forms can happen simultaneously, allowing the applicant to move through the immigration process more efficiently.

Another benefit of concurrent filing is that it can provide a sense of security for the applicant. By filing both forms together, the applicant can ensure that their application for adjustment of status will be considered as soon as their immigrant petition is approved. This can provide peace of mind and eliminate the uncertainty that may come with filing the forms separately.

It is important to note that not all applicants are eligible for concurrent filing. In order to be eligible, the applicant must have a current priority date, which means that a visa number is immediately available for their category and country of chargeability. Additionally, the applicant must have a qualifying immigrant petition, such as an approved I-140, and meet all other eligibility requirements for adjustment of status.

What is Concurrent Filing?

Concurrent filing refers to the process of submitting an I-140 Immigrant Petition for Alien Worker and an I-485 Application to Register Permanent Residence or Adjust Status at the same time. This means that an individual can apply for both the immigrant petition and the adjustment of status simultaneously, rather than waiting for the approval of the immigrant petition before filing the adjustment of status application.

Concurrent filing is available for certain employment-based immigrant categories, such as the EB-1, EB-2, and EB-3 categories. It allows eligible individuals to streamline the immigration process and potentially save time by submitting both applications together.

When filing concurrently, the I-140 petition and the I-485 application are submitted to the United States Citizenship and Immigration Services (USCIS) together, along with all the required supporting documents and fees. The USCIS will then process both applications simultaneously, rather than separately.

It is important to note that concurrent filing is only available when the visa numbers are current for the specific employment-based category. Visa numbers are limited each fiscal year, and if the visa numbers are not available, concurrent filing may not be possible.

Overall, concurrent filing can be a beneficial option for eligible individuals who wish to apply for both the immigrant petition and the adjustment of status concurrently. It can help streamline the immigration process and potentially save time. However, it is important to consult with an immigration attorney to determine eligibility and ensure that all necessary documents and fees are properly submitted.

Benefits of Concurrent Filing

Concurrent filing refers to the process of submitting both the I-140 Immigrant Petition for Alien Worker and the I-485 Application to Register Permanent Residence or Adjust Status at the same time. This approach offers several benefits for individuals seeking to obtain permanent residency in the United States.

1. Efficiency: By filing the I-140 and I-485 concurrently, applicants can save time and streamline the immigration process. Instead of waiting for the I-140 to be approved before filing the I-485, individuals can submit both applications together, reducing the overall processing time.

2. Work Authorization: One of the significant advantages of concurrent filing is that it allows applicants to apply for an Employment Authorization Document (EAD) and a travel document (Advance Parole) simultaneously with the I-485. This means that individuals can legally work and travel while their green card application is pending, providing them with greater flexibility and opportunities.

3. Protection from Priority Date Retrogression: The priority date is the date when the I-140 petition is filed. In some cases, the priority date may become backlogged, resulting in a significant delay in the processing of the I-485. By filing concurrently, applicants can secure their place in line for a green card, protecting them from potential retrogression and ensuring a faster path to permanent residency.

4. Dependent Benefits: Concurrent filing also extends benefits to dependents of the primary applicant. Spouses and unmarried children under the age of 21 can file their I-485 applications concurrently, allowing them to obtain work authorization and travel documents as well. This ensures that the entire family can benefit from the advantages of concurrent filing.

5. Flexibility: Concurrent filing provides individuals with the flexibility to adjust their status to permanent residency while remaining in the United States. This eliminates the need for individuals to return to their home country for consular processing, allowing them to continue living and working in the U.S. throughout the application process.

Overall, concurrent filing offers numerous benefits for individuals seeking permanent residency in the United States. It streamlines the process, provides work authorization and travel benefits, protects against priority date retrogression, extends benefits to dependents, and offers flexibility in adjusting status. It is essential to consult with an immigration attorney to determine eligibility and ensure a smooth concurrent filing process.

Eligibility for Concurrent Filing

In order to be eligible for concurrent filing of Form I-140 and Form I-485, certain criteria must be met. These criteria include:

It is important to note that not all applicants will be eligible for concurrent filing. Certain immigrant categories may have additional requirements or restrictions that must be met. It is recommended to consult with an experienced immigration attorney to determine eligibility and ensure a successful concurrent filing process.

Question-answer:

What is the process for filing I-140 and I-485 concurrently?

The process for filing I-140 and I-485 concurrently involves submitting both forms at the same time. This means that you can file your immigrant petition (I-140) and your application for adjustment of status (I-485) together. This can save you time and allow you to begin the green card process sooner.

What are the benefits of filing I-140 and I-485 concurrently?

Filing I-140 and I-485 concurrently has several benefits. First, it allows you to begin the green card process sooner, as you do not have to wait for your I-140 to be approved before filing your I-485. Second, it can save you time and money, as you only have to submit one set of supporting documents and pay one set of filing fees. Finally, it can provide you with work authorization and a travel permit while your green card application is pending.

Can I file I-140 and I-485 concurrently if I am outside the United States?

No, you cannot file I-140 and I-485 concurrently if you are outside the United States. The concurrent filing option is only available to individuals who are already in the United States and are eligible to adjust their status to permanent resident. If you are outside the United States, you will need to follow the regular consular processing procedure.

What happens after I file I-140 and I-485 concurrently?

After you file I-140 and I-485 concurrently, USCIS will review your application and supporting documents. They may request additional evidence or schedule an interview to further evaluate your eligibility for a green card. If everything is in order, your I-140 and I-485 will be adjudicated, and if approved, you will receive your green card.

Is it possible to file I-140 and I-485 concurrently if I am on a nonimmigrant visa?

Yes, it is possible to file I-140 and I-485 concurrently if you are on a nonimmigrant visa. As long as you are eligible to adjust your status to permanent resident and meet the requirements for the specific green card category, you can file both forms together. However, it is important to consult with an immigration attorney to ensure that you meet all the necessary criteria.