Concurrent filing is a process that allows Adjustment of Status applicants to file multiple immigration-related applications concurrently, rather than waiting for one application to be approved before filing another.
For example, if you are a spouse of a US citizen, you can file Forms I-130 and I-485 together at the same time with USCIS. You don’t need to wait until Form I-130 is approved before applying for permanent residency.
Concurrent filing is available for Adjustment of Status applications only.
Concurrent filing is unavailable for Consular Processing applicants who are located abroad.
Applicants who are located abroad and are applying for immigrant visas at US Embassies and Consulates need to wait for Form I-130 or Form I-140 to be approved first before moving to the next step (National Visa Processing).
Concurrent filing can help streamline the immigration process and reduce waiting times for individuals seeking to become permanent residents.
Concurrent filing also allows applicants to obtain lawful employment authorization earlier.
The most common scenario for concurrent filing involves the simultaneous submission of Form I-485, Application to Register Permanent Residence or Adjust Status, along with Form I-130, Petition for Alien Relative.
Form I-130 is filed by a U.S. citizen or lawful permanent resident to establish the qualifying family relationship with the foreign national seeking to adjust their status from nonimmigrant status to immigrant status.
Concurrent filing is generally available to the following categories of applicants:
- Immediate Relatives of U.S. Citizens: Spouses, unmarried children under 21, and parents of U.S. citizens can concurrently file Form I-130 and Form I-485.
- Family Preference Categories: Certain family-sponsored preference categories (F1, F2A, F2B, F3, and F4) can also file Form I-130 and Form I-485 concurrently ONLY IF a visa number is immediately available for them. Visa availability depends on the family preference category and the applicant’s priority date. You can learn more about visa availability in our How to Read the Visa Bulletin for Family-Based Immigrants guide.
- Employment-Based Categories: Certain employment-based applicants may be able to concurrently file Form I-140 and Form I-485 but ONLY IF a visa number is immediately available for their category. You can find the Visa Bulletin on the US Department of State official website. Check the bulletin issued for the most current month. Visa Bulletin gets updated on a monthly basis.
If your priority date is not “current”, you can file your I-485 application only after your I-130 or I-140 priority date becomes current.
How to determine if you can file I-485 concurrently with I-130 or I-140
If you are physically present in the US in lawful nonimmigrant status and want to know if you can file Form I-485 concurrently with I-130 or I-140, follow the steps below:
Step 1. Visit the most recent USCIS Adjustment of Status Filing Charts from the Visa Bulletin.
Step 2. Find the filing chart for the current month or next month (depending on when you plan to file the application).
Step 3. You will see 2 charts – one for Family-Sponsored cases, and the second for Employment-Based cases. Find the chart that applies to you.
Step 4. Find your immigration category.
Family-based categories:
- F1 – Unmarried Sons and Daughters of U.S. Citizens
- F2A – Spouses and Unmarried Children Under 21 of Green Card Holders
- F2B – Unmarried Sons and Daughters Over 21 of Green Card Holders
- F3 – Married Sons and Daughters of U.S. Citizens Over 21
- F4 – Brothers and Sisters of Adult U.S. Citizens
Employment-based categories:
- 1st – EB-1 (EB-1A, EB-1B, EB-1C)
- 2nd – EB-2 (including EB-2 NIW)
- 3rd – EB-3
- Other workers – EB-3 Unskilled Workers
- 4th – EB-4
- Certain Religious Workers
- 5th Unreserved (C5, T5, I5, R5, and all others) – EB-5
- 5th Set Aside (Rural – 20%) – EB-5 investments in rural areas
- 5th Set Aside (High Unemployment – 10%) – EB-5 investments in high unemployment areas
- 5th Set Aside (Infrastructure – 2%) – EB-5 investments in infrastructure
Step 5. Find your country of birth. If you are married, you can use the cross-chargeability principle to apply under your spouse’s country of birth vs your country of birth.
Step 6. If you see the letter “C” (“Current”), it means that you’re eligible for concurrent filing. Keep in mind that it can take some time before you prepare and actually file your application with USCIS. Make sure your category is still current on the date you submit your application to USCIS since these charts get updated on a monthly basis.
If you see a certain date in your category, it means that you’re eligible for concurrent filing only if the priority date on your Form I-130 or Form I-140 is BEFORE the date listed on the chart.
- Example for a family-based case: Rafaela is a permanent resident and wants to sponsor her husband for permanent residency. Her husband Ricardo was born in Mexico. Ricardo’s category is F2A (spouse of permanent resident). As seen from this image, the priority date for the F2A category for applicants born in Mexico is 01 September 2023. Ricardo is in the US on a valid F-1 visa and he never violated any immigration laws (overstayed visa or worked without authorization). If Rafaela has filed Form I-130 to sponsor Ricardo for green card BEFORE 01 September 2023, then Ricardo can file his Form I-485, along with I-765 and I-131.
- Example for an employment-based case: Henry is in the U.S. on a valid H-1B visa. Henry’s employer filed Form I-140 to sponsor him for permanent residency in the EB-2 category. Henry was born in Austria. Form I-140 was filed on 01 September 2023. As seen from the image below, the priority date for EB-2 category for applicants born in Austria is 01 July 2022. Henry’s priority date of 01 September 2023 is not current yet. Henry will need to monitor the USCIS Filing Charts and whenever his I-140 priority date becomes current, he can file Form I-485 with USCIS.
Keep in mind that all Adjustment of Status applicants are subject to the 90-Day Rule. Make sure you follow this rule when applying for permanent residency. Failure to comply with the 90-Day Rule might result in your green card being denied and possible deportation from the U.S.
Also, all family preference applicants and employment-based applicants typically cannot have a history of immigration violations when applying for permanent residency. For example, visa overstay or unauthorized employment might lead to Adjustment of Status denial. So we strongly recommend consulting an immigration attorney before filing an I-485 application.
Related Links:
Family-Based Immigration: Immediate Relatives and the Preference System
