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Can I File I-130 and I-485 Concurrently?

Are you longing to reunite with your loved ones who are overseas? The path to legal immigration can be complex, but navigating it is crucial for many families. One of the most common questions we encounter is whether individuals can file two significant forms, known as I-130 and I-485, concurrently. In this comprehensive article, we will delve into the details of this process, providing you with clear guidance on how to proceed.

Before we explore the intricacies of concurrent filing, let’s briefly introduce these forms and their purpose. Form I-130, Petition for Alien Relative, is filed by a U.S. citizen or lawful permanent resident (LPR) to initiate the process of obtaining a green card for an eligible family member. On the other hand, Form I-485, Application to Register Permanent Residence or Adjust Status, is the application submitted by the intending immigrant to adjust their status to a lawful permanent resident.

Concurrent Filing: An Overview

In certain circumstances, individuals may be eligible to file Forms I-130 and I-485 concurrently. This option is known as concurrent filing and can be advantageous for several reasons. First, it allows the intending immigrant to potentially receive their green card more quickly. Second, it eliminates the need for the petitioner to file a separate I-485 application on behalf of the beneficiary once the I-130 is approved.

However, it’s important to note that concurrent filing is not always possible. There are specific criteria and eligibility requirements that must be met for the U.S. Citizenship and Immigration Services (USCIS) to accept and process concurrent filings. Understanding these requirements is essential to avoid potential delays or denials.

Eligibility for Concurrent Filing

To be eligible for concurrent filing, the following conditions must be satisfied:

• The intending immigrant must be physically present in the United States: This means they must be legally admitted into the U.S. and have not violated any immigration laws.
• The intending immigrant must have a valid nonimmigrant visa: The visa must be valid for a sufficient period to allow the I-130 petition to be approved and processed.
• The petitioner must be a U.S. citizen or LPR: The petitioner must have a qualifying relationship with the intending immigrant, such as a spouse, parent, or child.
• The petitioner and intending immigrant must have entered into a genuine marriage (if applicable): For spousal petitions

Step-by-Step Process for Concurrent Filing

If you meet the eligibility requirements, you can proceed with the concurrent filing process by following these steps:

1. Complete and file Form I-130: Gather the necessary documents and evidence to support the petition and submit it to USCIS.
2. Concurrent Filing Request: Include a request for concurrent processing with your I-130 petition. You must state that the intending immigrant is eligible and meets the requirements for concurrent filing.
3. Evidence of Eligibility: Provide supporting documentation to demonstrate that the intending immigrant meets the eligibility criteria, such as proof of legal entry, nonimmigrant visa status, and evidence of the qualifying relationship.
4. Submit Form I-485: File Form I-485 along with the supporting documents required by USCIS. The form must be submitted concurrently with the I-130 petition.
5. Biometrics and Interview: Once the petition is accepted, the intending immigrant will be scheduled for a biometric appointment and, typically, an interview with a USCIS officer.
6. Decision: USCIS will review the petition and supporting documents to make a decision on both the I-130 and I-485 applications.

Expert Advice and Tips

To increase your chances of a successful concurrent filing, consider the following expert advice:

• Seek Professional Guidance: Consult with an experienced immigration attorney to ensure that you meet the eligibility requirements and navigate the process efficiently.
• Gather Strong Evidence: Provide ample documentation to support your petition and demonstrate the bona fide nature of the relationship between the petitioner and intending immigrant.
• Be Patient: The concurrent filing process can take several months or even years to complete. Exercise patience and follow up with USCIS regularly for updates on the status of your case.

Frequently Asked Questions

Q: What are the benefits of concurrent filing?

A: Concurrent filing can potentially expedite the green card process and eliminate the need for a separate I-485 application later.

Q: Who is eligible for concurrent filing?

A: Eligibility is limited to intending immigrants who are physically present in the U.S. with a valid nonimmigrant visa and whose petitioning relative is a U.S. citizen or LPR.

Q: How long does it take to process a concurrent filing?

A: The processing time can vary significantly depending on the specific circumstances of the case and the current USCIS workload.

Conclusion

Navigating the process of concurrent filing Form I-130 and I-485 can be complex, but understanding the eligibility requirements and following the steps outlined in this article can help you move forward with confidence. Remember, seeking professional guidance can significantly increase the likelihood of a successful outcome. If you have any questions about this topic, please feel free to leave a comment below.

Are you interested in learning more about concurrent filing or other aspects of the immigration process?

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