Concurrent Filing of Form I-485
Concurrent filing of Form I-485, Application to Register Permanent Residence or Adjust Status, is when an adjustment of status application (Form I-485) is filed before the approval of the underlying immigrant visa petition. We will consider the immigrant visa petition and the Form I-485 concurrently filed when you file them at the same time and mail them together with all the required filing fees and supporting documentation to the same filing location. We also will consider them concurrently filed if you file the Form I-485 after the immigrant visa petition but while the immigrant visa petition remains pending.
Who can file concurrently?
We allow concurrent filing for all of the following applicants when we have jurisdiction over the application to adjust status:
- Immediate relatives of U.S. citizens
- Preference relatives of U.S. citizens and lawful permanent residents when a visa number is immediately available;
- Widow(ers) of a U.S. citizen;
- Most employment-based applicants and their eligible family members when a visa number is immediately available;
- Special Immigrant Juveniles if an EB-4 visa number is immediately available;
- Self-petitioning battered spouse or child if:
- The abusive spouse or parent is a U.S. citizen; or
- If an immigrant visa number is immediately available;
- Certain members of the armed forces applying for a special immigrant visa under Section 101(a)(27)(K) of the Immigration and Nationality Act (INA); and
- Special Immigrant International Organization Employees or family members.
Consular Processing and Concurrent Filing
Concurrent filing cannot occur in consular processed cases, because the immigrant petition is filed with USCIS and the application for an immigrant visa is filed with the Department of State. Therefore, concurrent filing is only available for an applicant who is physically present in the United States and requesting to adjust to lawful permanent resident status (becomes a Green Card holder).
Visa Availability and Concurrent Filing
You may file your petition and application concurrently when there is a visa number immediately available at the time of filing. Concurrent filing is always allowed for all immediate relatives of a United States citizen because there are no numeric limitations in this category. However, in some categories, even if there is a visa number available at the time of filing, you may not be allowed to file concurrently unless you have an approved basis of eligibility (that is, an approved petition) before being allowed to file for adjustment of status. For more information on whether you can file concurrently, refer to the instructions on your immigrant petition:
- Form I-130, Petition for Alien Relative
- Form I-140, Immigrant Petition for Alien Worker
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
When adjudicating concurrent filings, we determine the eligibility for the immigrant visa petition first. If a visa number remains available for the immigrant classification and your Form I-485 is approvable (which, in certain cases, requires an interview), we will generally consider the adjustment application at the same time. We will mail separate decision notices for both forms.
For more information, see our Visa Availability and Priority Dates page.