Concurrent filing refers to situations in which an immigrant petition and an adjustment of status application are filed with U.S. Citizenship and Immigration Services (USCIS) at the same time. This essentially means that petition and application, along with all of the necessary supporting documents and application fees, are mailed at the same time to the same filing location.
While concurrent filing may speed up the application process in some cases, it’s not an option for everyone. Below we’ll answer some of the most frequently asked questions about concurrent filing to reveal just what immigrant applicants should know about it.
Answers about Concurrent Filing
Q: When is concurrent filing allowed?
A: According to USCIS, concurrent filing is an option for the immediate relatives of U.S. citizens who are living in the U.S., as well as for:
- Applicants for most employment visas, as well as their eligible family members, as long as there is an available visa number
- Battered spouses and/or children as long as the abuser or the parent is a U.S. citizen or there is an available visa number
- Certain “special immigrant juveniles” when USCIS has jurisdiction over the case and a visa number is immediately available
- Certain military members and their family members if they are applying for a special visa under per the terms of the Immigration and Nationality Act, Special Immigrant International Organization Employee.
Q: Is concurrent filing available for consular processed cases?
A: No. This is because, with consular processed cases, the immigrant petition will be filed with USCIS while the visa or change of status application will be filed with the U.S. Department of State.
Q: How are concurrent filings processed by USCIS?
A: When reviewing (or adjudicating, as USCIS says) concurrent filings, the agency will first determine “eligibility for the immigrant visa petition.” As USCIS explains:
If a visa number remains available for the immigrant classification and the Form I-485 is approvable (which in certain cases requires an interview) USCIS will generally consider the adjustment application at the same time. Separate decision notices will be sent for both forms.
Q: Do I need a lawyer to help me with concurrent filing?
A: You do if you want to make sure that your petitions and paperwork are appropriately completed and submitted so that you case proceeds as smoothly and favorably as possible.
Contact a Los Angeles Immigration Lawyer at the Hanlon Law Group, P.C.
Do you need help with any immigration issues? If so, you can turn to a Los Angeles immigration lawyer at the Hanlon Law Group, P.C. For more than 15 years, our lawyers have been successfully representing clients in various types of immigration cases, including those that involve the most basic immigration applications to those associated with extremely complicated federal court litigation.
To learn more about our citizenship, immigration and deportation defense services contact us today by calling (626) 684-3712 or (866) 227-5527 or by emailing us using the form at the upper right-hand side of the screen. From our office in Pasadena, we serve clients throughout the Los Angeles area, across the state of California and from around the world.
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