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 prior to the approval of the underlying immigrant visa petition. To be considered concurrently filed, the immigrant visa petition and the adjustment of status application (Form I-485) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location. They will also be considered concurrently filed if the adjustment of status application (Form I-485) is filed after the immigrant visa petition but while the immigrant visa petition remains pending.
Who can file concurrently?
We allow concurrent filing for:
- Immediate relatives of U.S. citizens living in the United States;
- 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 and we have jurisdiction over the application to adjust status;
- 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 Section101(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, as 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 seen in the context of an immigrant who is adjusting to permanent resident status (a Green Card) while in the United States.
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, since 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 if 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.