Concurrent Filings With A Green Card Application

Concurrent filing of the I-140 Petition for Alien Worker and the I-485 Adjustment of Status Application (green card application) has recently been permitted by the U.S. Citizenship and Immigration Services (USCIS). Prior to the USCIS’s creation of the rule in July 2002, an applicant of the I-140 had to wait until their I-140 application was approved before he or she could go on to file an I-485. However, today both applications can be filed at the same time, helping to speed up the immigration process.

Concurrent filing provides various benefits, such as the ability to file an I-485 earlier. Another advantage to concurrent filing is that I-485 applicants may also file for Employment Authorization Documents (EAD) and Advance Parole documents, which allows the applicant and the applicant’s family members to work legally or travel if they were not otherwise allowed to do so before. Also, the filing of a proper I-485 could possibly stop the accrual of “unlawful presence” status for the foreign applicant. This is a major benefit for those applicants who have ever fallen out of status or who have never had legal status in regards to their stay in the US.

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However, even as concurrent filing offers many benefits, not everyone should concurrently file. Whether or not an individual should concurrently file depends on the individual’s specific circumstances, as well as other various factors. Therefore, if you are unsure whether you should concurrently file be sure to contact the offices of ImmigrationLegal.org either online or by phone at 248-800-2544. Our experienced attorneys will evaluate your situation and assist you in determining whether concurrent filing is best for you.