Navigating U.S. immigration can be confusing, especially when trying to help family members. A common question is whether you can submit Form I-130 and Form I-485 simultaneously. This is called concurrent filing or one-step adjustment of status.
Form I-130, the Petition for Alien Relative is the first step for U.S. citizens or lawful permanent residents to begin the immigration process for a family member. Usually, applicants must wait for the I-130 to be approved before applying for a green card. However, there are some cases where you can file both forms at the same time. This guide will explain who can do this and the advantages and disadvantages of this approach.
Who Can File?
This is possible in specific situations:
Immediate Relatives of U.S. Citizens:
If you are a U.S. citizen sponsoring a spouse, parent, or unmarried child under 21 who is already in the country, you can file both forms simultaneously. This category is exempt from visa caps, so there’s no waiting list.
Certain Preference Relatives:
Spouses and children of U.S. lawful permanent residents may also file concurrently if they are in the U.S. when their priority date becomes current. The Visa Bulletin will indicate if a category is “current,” meaning there are no waiting lists at that moment.
Specific Employment-Based Categories:
While this guide focuses on family-based petitions, some employment-based applicants can also file concurrently. For instance, the EB-5 Reform and Integrity Act allows certain investors and their families to file concurrently.
Benefits of Concurrent Filing
The advantages of concurrent filing include:
- Streamlined Processing: By combining two steps into one, applicants can potentially shorten their wait times.
- Work and Travel Authorization: Applicants can apply for work permits (Form I-765) and travel permits (Form I-131) while their applications are processed.
- Continuous Residency: Applicants can remain in the U.S. while waiting for their application outcomes, regardless of their current visa status.
Step-by-Step Guide to Concurrent Filing
- Complete Necessary Forms:
- Fill out Forms I-130 and I-485.
- Include Forms I-131 (for travel authorization) and I-765 (for work authorization), if applicable.
- Prepare Form I-864 (Affidavit of Support) to demonstrate financial support.
- Gather Supporting Documents:
- Proof of U.S. citizenship or lawful permanent residence.
- Evidence of the familial relationship (e.g., marriage certificates, birth certificates).
- Documentation verifying lawful entry into the U.S.
- Submit Your Application:
- Send all completed forms, supporting documents, and required fees to the appropriate USCIS address. Ensure you use a method that confirms receipt.
- Post-Submission Steps:
- Await confirmation from USCIS.
- Attend a biometrics appointment.
- Prepare for an interview if required.
Costs and Processing Times
The total cost for concurrent filing typically ranges around $1,760, which includes fees for both forms and any additional applications like work permits. Processing times can vary but generally take between 7 to 15 months depending on individual circumstances and USCIS workload.
Pros and Cons of Concurrent Filing
Advantages
- Speed: Filing both forms together can significantly speed up the process since USCIS processes them simultaneously.
- Convenience: Managing all paperwork at once rather than in stages can be more straightforward.
- Immediate Work Authorization: Applicants can apply for work authorization and travel documents concurrently, allowing them to work and travel while their application is pending.
Disadvantages
- Risk of Denial: If the I-130 petition is denied, the I-485 application will also be denied, leading to potential removal proceedings.
- High Stakes: Filing both forms means higher upfront costs and more paperwork, so if there’s any doubt about eligibility, it might be wiser to wait for I-130 approval first.
- Complexity: The process requires meticulous documentation and a strong understanding of eligibility requirements. Missing documents or mistakes can delay or jeopardize the application.
Understanding the Green Card Process
There are two main routes to obtaining a green card:
- Adjustment of Status: For those already in the U.S. who entered legally and maintained lawful status, this process allows you to apply for a green card without leaving the country.
- Consular Processing: For those outside the U.S., this involves applying for an immigrant visa at a U.S. consulate abroad and entering the U.S. as a permanent resident.
- Concurrent filing is only available through adjustment of status for those already in the U.S.
Special Considerations
Immediate Relatives:
For spouses, parents, and unmarried children under 21 of U.S. citizens, there’s no annual limit on green cards, making concurrent filing straightforward.
Preference Relatives:
For other family members, such as siblings of U.S. citizens or spouses and children of LPRs, the availability of visas depends on priority dates and annual limits.
Exceptions:
Immediate relatives who entered the U.S. legally but overstayed might still be eligible for adjustment of status, but this area is legally complex and requires careful navigation.
Seeking Legal Assistance
Given the complexities and potential pitfalls of the immigration process, consulting an experienced immigration attorney is highly recommended. An attorney can help:
- Assess your eligibility.
- Prepare and file the necessary paperwork.
- Navigate the U.S. immigration bureaucracy.
- Draft persuasive cover letters.
- Represent you at a USCIS interview.
While U.S. immigration laws can be intricate, understanding the conditions under which you can file Form I-130 and Form I-485 concurrently can simplify the process of family reunification. By considering the advantages and potential drawbacks, and seeking professional legal advice, you can make informed decisions to help your loved ones join you in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for an Immediate Relative Visa or a Family Preference Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to get green cards in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
