Navigating the U.S. immigration process can often feel like traversing a labyrinth of regulations, forms, and deadlines. For many aspiring immigrants, the journey toward obtaining a green card—a key to lawful permanent residency—can be particularly complex and daunting.
One of the most effective strategies to streamline this process is the concurrent filing of Form I-130 and Form I-485. This dual application method not only simplifies the submission process but also significantly shortens the timeline for receiving a green card, allowing eligible individuals to achieve their immigration goals more efficiently.
In this comprehensive guide, we will delve into the specifics of concurrent filing, detailing the purpose and requirements of both forms, the eligibility criteria for filing simultaneously, the advantages of this approach, and a step-by-step guide to navigating the application process.
What is Concurrent Filing?
Concurrent filing is a process in U.S. immigration where certain forms are submitted simultaneously to streamline application procedures. Specifically, it involves:
- Form I-130 (Petition for Alien Relative): This form is used by U.S. citizens or lawful permanent residents to establish a qualifying relationship with a foreign national relative.
Learn how to prepare the I-130 Petition for a spouse. Don’t leave any mistakes that could cause a cancellation.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): This form is used by eligible individuals already in the U.S. to apply for permanent residency (a green card).
Who can use concurrent filing?
Concurrent filing is available to immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21. It allows them to file both Form I-130 and Form I-485 at the same time, expediting the overall process of obtaining a green card.
Eligibility Criteria for Concurrent Filing
Immediate Relatives of U.S. Citizens
The primary eligibility criteria for concurrent filing include being an immediate relative of a U.S. citizen. Immediate relatives include:
- Spouses: A U.S. citizen’s husband or wife.
- Unmarried Children Under 21: Dependent children of U.S. citizens who are under the age of 21.
- Parents of U.S. Citizens 21 or Older: U.S. citizens aged 21 or older can sponsor their parents for a green card.
This category of applicants is prioritized in the immigration process, which means that there are usually no visa backlogs or waiting periods for immediate relatives, allowing them to file concurrently without delay.
Certain Employment-Based Applicants and Special Immigrants with Available Visas
In addition to immediate relatives, certain employment-based applicants and special immigrants may also be eligible for concurrent filing. This includes:
- Employment-Based Immigrants: Those who have an approved labor certification or are eligible under specific employment-based categories may file concurrently if they have a visa number available.
- Special Immigrants: Certain special immigrant categories, such as special immigrant juveniles or religious workers, may also qualify for concurrent filing if they meet the necessary requirements.
It is essential for applicants to review their eligibility thoroughly, as this can significantly impact their chances of a successful application.
Benefits of Concurrent Filing
- Streamlined Processing: One of the most significant benefits of concurrent filing is the streamlined processing it offers. By combining the petition and application stages into one submission, applicants can expedite their path to obtaining a green card. This means that they will not have to wait for the approval of the I-130 before filing for adjustment of status, which can save considerable time and effort.
- Work and Travel Authorization: Another advantage of concurrent filing is the ability to apply for work and travel authorization while waiting for the green card application to be processed. Specifically:
- Form I-765 (Application for Employment Authorization): Applicants can file this form concurrently with the I-485 to obtain permission to work in the U.S. while their application is pending.
- Form I-131 (Application for Travel Document): This form can be submitted to request advance parole, which allows applicants to travel outside the U.S. without abandoning their application.
These authorizations enable applicants to maintain stability and security during what can be a lengthy and uncertain process.
- Uninterrupted U.S. Residence: Concurrent filing also allows applicants to remain in the U.S. while their application is pending. This is particularly beneficial for individuals who may be in a temporary visa status and would otherwise need to leave the country while waiting for their green card approval. By filing concurrently, applicants can avoid disruptions in their residency status, enabling them to continue living and working in the U.S. legally.
Step-by-Step Process for Concurrent Filing
Prepare the Forms
- Form I-130 (Petition for Alien Relative):
- Purpose: Establishes a qualifying relationship between a U.S. citizen or lawful permanent resident and a foreign national relative.
- Information Needed: Petitioner’s personal information, beneficiary’s personal information, proof of relationship (e.g., marriage certificate, birth certificate).
- Form I-485 (Application to Register Permanent Residence or Adjust Status):
- Purpose: Allows eligible individuals in the U.S. to apply for a green card.
- Information Needed: Applicant’s personal details, immigration history, criminal history, current status, and eligibility category.
- Supporting Documents:
- Proof of Relationship: Marriage certificate, birth certificates, photos, affidavits from friends and family.
- Proof of Legal Entry: Copy of passport, visa, I-94 arrival/departure record.
Medical Examination
- Schedule and Complete Medical Exam:
- Required Action: Schedule a medical exam with a USCIS-approved civil surgeon.
- Purpose: Ensure the applicant meets health requirements for U.S. residency.
- Obtain Form I-693 (Report of Medical Examination and Vaccination Record):
- Details: The civil surgeon completes this form after the medical exam. It includes vaccination records and results of the medical examination.
- Submission: This form must be sealed by the civil surgeon and included in the application package.
Assemble the Application Package
- Required Forms:
- Form I-130: Petition for Alien Relative.
- Form I-485: Application to Register Permanent Residence or Adjust Status.
- Form I-864: Affidavit of Support, showing the petitioner can financially support the beneficiary.
- Form I-131: Application for Travel Document (if applying for Advance Parole).
- Form I-765: Application for Employment Authorization (if applying for a work permit).
- Supporting Documents:
- Proof of Relationship: Marriage certificate, birth certificates, etc.
- Proof of Legal Entry: Passport, visa, I-94 record.
- Form I-693: Sealed medical examination report.
- Proof of Financial Support: Tax returns, pay stubs, employment letters.
- Filing Fees:
- Form I-130 Fee: $675 (as of 2024, subject to change).
- Form I-485 Fee: $1,440 (as of 2024, subject to change).
- Form I-131 Fee: $630 (if applicable)
- Form I-765 Fee: $260 (if applicable)
Submit the Application
- Where to Send Your Application:
- USCIS Lockbox Facility: Depending on your location, send the complete application package to the designated USCIS Lockbox Facility.
- Check USCIS Website: Verify the correct mailing address on the USCIS website before sending your application.
- Tracking Your Application:
- Receipt Notice: After submission, USCIS will send a receipt notice with a unique case number.
- Case Status Updates: Use the case number to track the status of your application on the USCIS website.
- Biometrics Appointment: USCIS will schedule a biometrics appointment for fingerprinting and photographs.
What Happens After Submission?
- Receipt Notices: After USCIS receives your application, they issue receipt notices for each form submitted, containing unique receipt numbers for tracking. These are typically mailed within 2-3 weeks of submission.
- Biometrics Appointment: USCIS schedules a biometrics appointment at a local Application Support Center, usually within 5-8 weeks after submission, where fingerprints, photographs, and signatures are collected.
- Notice of Action (Form I-797): This form is issued to communicate various aspects of your application status, including receipt, approval, appointment, or rejection notices. It’s important to keep all Form I-797 notices for your records.
- Potential Requests for Evidence (RFEs): USCIS may issue an RFE if additional information is needed, specifying what is required and providing a deadline for submission. Common reasons include incomplete forms or insufficient proof.
For reference, you can consult the following source that discusses receipt notices and processing timelines:USCIS Receipt Notice Information
This document provides detailed information about the receipt process and what applicants can expect after submission.
Possible Outcomes for Your Green Card Application
When you apply for a Green Card, the decision-making process can lead to three primary outcomes:
1. Approval and Receiving the Green Card
Congratulations! If your application is approved, you will receive your Green Card, which grants you permanent residency in the United States. This card allows you to live and work anywhere in the country and paves the way for future citizenship if desired.
2. Request for Additional Information or Evidence
Sometimes, the USCIS may need more information to process your application. This request, known as a Request for Evidence (RFE), is not a denial. It simply means that the USCIS needs clarification or additional documentation to proceed.
Steps to Take:
- Carefully review the RFE notice.
- Gather the required documents.
- Respond within the specified timeframe to avoid delays or denial.
Learn how to effectively navigate Requests for Evidence (RFE) and increase your chances of immigration success.
3. Denial and Next Steps
If your application is denied, you will receive a notice explaining the reasons for the denial. While this can be disappointing, it’s important to understand your options.
Next Steps:
- Review the denial notice to understand the reasons.
- Consider filing an appeal or motion to reopen/reconsider the case if you believe there was a mistake or if you have new evidence.
- Consult with an immigration attorney to explore other possible avenues for residency.
The concurrent filing of Form I-130 and Form I-485 is a strategic and efficient way to navigate the U.S. immigration process for obtaining a green card. By allowing eligible individuals to submit both forms simultaneously, this method offers significant benefits, including streamlined processing, work and travel authorization, and uninterrupted residency in the U.S.
However, given the complexity and ever-evolving nature of immigration regulations, it is highly recommended to seek the expertise of an experienced immigration attorney. An attorney can provide valuable guidance, ensure that all forms and documents are correctly prepared, and help navigate any challenges that may arise during the application process. By taking these proactive steps, applicants can enhance their chances of a successful and smooth transition to lawful permanent residency in the United States.
