If you have a loved one that you want to bring to the United States to get a green card, you will need to file Form I-130 and Form I-485. However, you also have to understand the filing rules that dictate when you can file these forms and which one needs to be filed first. So, before proceeding, it is critical that you understand the concurrent filing rules for I-130 and I-485 to avoid any lengthy immigration mistakes. Keep reading to find out if you can file Form I-485 without an approved I-130 and what the other concurrent filing rules are for family-based visas.
What Are Forms I-485 and I-130?
Before we discuss adjustment of status and concurrent filing rules, you need to understand what Forms I-485 and I-130 actually are. These are both very important steps in the family-based immigration process that allow a loved one to come to the U.S. and get a green card.
- Form I-130: This form is a petition for alien relative, which is used to establish a qualifying family relationship between a lawful permanent resident or U.S. citizen and a foreign national relative. Form I-130 legitimizes the relationship to prevent immigration fraud and to determine whether your loved one qualifies for an immediate relative visa or a family preference visa.
- Form I-485: This form is an application to register for permanent residence or adjustment of status. Its purpose is to allow eligible immigrants already residing in the United States to apply for a green card without first having to return to their home country.
As you can see, these are two forms that are absolutely essential for bringing a loved one to legally live in the United States. In the majority of cases, Form I-130 needs to be filed first, and you would then file for I-485 after Form I-130 has been approved.
Even though family based immigration is designed to be relatively easy to accomplish, you should still consider hiring an immigration lawyer. A lawyer will have extensive experience in this area and can help you understand the filing rules and how you can speed up the process.
What Is Concurrent Filing and Who Is Eligible?
The process of concurrent filing is an option that allows green card applicants in the United States to file multiple immigration applications at the same time. This is very different from the normal application process that requires you to file one application at a time, only moving on to the next form once the first has been approved.
The main benefit of concurrent filing is that it helps to shorten the immigration process by allowing you to send everything to the USCIS at once. However, this is not an option provided for everyone seeking a green card, as it is primarily available for immediate relatives of U.S. citizens already in the U.S. Examples of immediate relatives include:
- Spouses
- Unmarried children under the age of 21
- Parents of U.S. citizens who are 21 or older
Additionally, some family preference categories may also file concurrently, but only if a visa number is immediately available. This will be dependent on several factors, such as the Form I-130 priority date, the applicant’s country of birth, and the immigrant family member’s country of birth.
Concurrent filing is also an option that those in the employment-based categories may qualify for if their visa number is current for their visa category.
How to Properly Submit I-130 and I-485 Together
If you meet the qualifications for concurrent filing for Forms I-485 and Form I-130, the process is quite straightforward. However, it is still strongly recommended that you hire an immigration attorney to represent you to ensure everything is done correctly. Even when you file everything together, there is still the risk of lengthy delays if something isn’t filled out correctly or you need to provide additional information.
Fill Out Forms
The first step of the concurrent filing process is to fill out Forms I-130 and I-485. You will also most likely have to fill out Forms I-131, I-765, and an affidavit of support.
It is absolutely essential that all of these forms are accurately filled out so that you do not run into any delays.
Provide Supporting Documents
Another important step in the filing process that is easy to forget about is providing supporting documents. Just like you would provide supporting evidence when filing forms individually, you need to do this when you file all of your forms together. Supporting documents are a huge part of your application when it comes to proving the familial relationship so that your loved one can qualify for a family-based green card.
Submit Applications
After you have filled out all of the forms and provided supporting documents, you can move forward with submitting your application to the correct USCIS address. Make sure you pay any of the fees required to do this and choose a delivery method that provides you with a receipt so that you can track your application.
Keep in mind that if your application is approved, there are some additional steps you will need to take to complete this process. This includes having your loved one attend a USCIS interview as well as a biometrics appointment.
Hire an Immigration Attorney Today
Are you wondering how the concurrent filing rules impact your situation and your loved ones’ ability to immigrate to the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ:
Can I file an I-485 without an I-130 approval?
Yes, you can usually file Form I-485 before your I-130 has been approved, as long as it is pending.
What happens if my I-130 is denied after concurrent filing?
The primary qualifying factor with family-based immigration is Form I-130, so if this is denied, your entire concurrent application will be denied as well. However, it is possible to re-file with additional evidence addressing the reason for the denial.
Does concurrent filing speed up the green card process?
Yes, in the majority of cases, concurrent filing will make the immigration process faster since you will not have to wait for approval as you file each form individually.
