Concurrent Filing of Form I-485 and Form I-140

Learn about the process and benefits of concurrent filing of Form I-485 and Form I-140 with Tadeo & Silva Law

Author: Massiel Silva Tadeo, Founder, Tadeo & Silva

Attorney Massiel Silva Tadeo is a partner and owner at The Tadeo & Silva Law Firm. She specializes in removal (deportation) defense, family immigration, and hardship waivers. Updated on: July 03, 2024.

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Streamlining the Green Card Process: Concurrent Filing of Form I-485 and Form I-140

Concurrent filing of the immigrant petition and adjustment of status application allows eligible employment-based Green Card applicants to file both forms simultaneously, cutting the overall waiting time and speeding up the green card process. By combining the application for an immigrant visa Form I-140 petition with the Form I-485 adjustment of status application, applicants might reduce the uncertainty and stress associated with lengthy processing periods.

When applicants file concurrently, they align the visa petition with the adjustment of status, ensuring that both are processed by United States Citizenship and Immigration Services (USCIS) simultaneously. This process is especially advantageous for those in precarious employment situations, as it can secure their residency faster than filing each form separately.

Navigating the complexities of concurrent filing requires precision. At Tadeo & Silva Law, we help clients with their immigrant petitions and adjustment of status applications — ensuring that every form is filled out correctly and submitted at the right time. Proper legal guidance can make the difference between a seamless process and prolonged delays. Our experience dealing with Form I-485 and Form I-140 filings positions us to offer valuable support to all our clients.

Understanding Form I-485 and Form I-140

Understanding the difference between the Form I-485 application and the Form I-140 petition is critical to leveraging the concurrent filing rule.

What Is Form I-485?

Form I-485, also known as the Application to Register Permanent Residence or Adjust status, is used to apply for lawful permanent resident status if you are already in the United States.

To be eligible for Form I-485, you must have an approved immigrant petition (like Form I-130 or Form I-140) or apply under a special category.

Documents Required for Form I-485

  • Passport: Valid and unexpired.
  • Birth Certificate: Including an English translation if necessary.
  • Proof of Legal Entry: Copies of I-94 or a visa stamp.
  • Medical Examination: Form I-693 completed by a USCIS-approved doctor.

Additionally, you will need to complete an I-485 interview.

What Is Form I-140?

Form I-140, Immigrant Petition for Alien Workers is used by an employer to petition for an immigrant visa for an employee. This form is essential in obtaining employment-based green cards.

This form covers different employment-based categories:

  • EB-1: Priority workers, including multinational executives.
  • EB-2: Professionals holding advanced degrees.
  • EB-3: Skilled workers, professionals, and other workers.

Documents Required for Form I-140

Your sponsoring employer will need to provide the following documents with the petition for alien worker:

  • Job Offer Letter: Written and signed by the employer.
  • Labor Certification: If required for your visa category.
  • Proof of Educational Qualifications: Such as degrees and transcripts if required.
  • Evidence of Work Experience: Letters from previous employers.

By understanding the roles and requirements of these forms, we can better navigate the green card application process. Adequate preparation can help you with your concurrent filing.

Filing Form I-485 and Form I-140 Concurrently: Eligibility Criteria

When considering filing Form I-485 and Form I-140 concurrently, there are specific eligibility criteria that applicants must meet.

Visa Number Availability

A primary requirement is that a visa number must be available when filing. This availability is foundational to the process, ensuring the applicant can proceed smoothly. Without a visa number, the concurrent filing cannot be completed.

Eligibility for Underlying Visa Petition

Applicants must qualify for the underlying visa petition for which Form I-140 is being submitted. For employment-based petitions, this often means meeting specific job and skill requirements.

Filing Both Forms Simultaneously

Form I-485 and Form I-140 must be submitted simultaneously, along with all supporting documents. This process helps in speeding up the approval process for the green card. Incorrect or incomplete submissions can cause significant delays, so ensuring all information is accurate is crucial.

Correct Submission

To avoid delays, we recommend organizing and separating each form package. This involves using fasteners, separate envelopes, or heavy clips for each set of documents. Properly bundling the forms will help avoid mix-ups and expedite processing times.

Filing Fees and Address

Applicants must pay the appropriate filing fees for both forms and ensure they are sent to the correct address. Missing fees or sending forms to the wrong address can lead to rejections.

By adequately preparing, applicants improve their chances of a smooth and efficient filing process.

How Tadeo & Silva Law Can Help

At Tadeo & Silva Law, we are knowledgeable in immigration law and deeply understand the concurrent filing process for Form I-485 and Form I-140. Our team brings years of experience to help navigate complex immigration procedures.

Personalized attention is at the core of our practice. We recognize that each client’s situation is unique. Our approach is tailored to fit our clients’ needs, ensuring thorough and accurate filing.

We offer comprehensive support services. From initial consultation to form preparation, we handle every step. Our services include:

  • Comprehensive Case Review: We can evaluate your situation and determine which options are available for you to obtain permanent residence.
  • Document Checklist Preparation: We can help you gather, organize, and file the correct documents for your application.
  • Prompt Response to USCIS Requests: We can handle questions from USCIS, assist you in answering questions, and fulfill requests.

At Tadeo & Silva Law, our goal is to simplify the process. Our experience ensures that filings are accurate and timely. We stay current with immigration laws and updates affecting your case.

Contact Our Experienced Immigration Law Attorneys

By concurrently filing Form I-485 and Form I-140, you can speed up the green card process. This approach allows for simultaneous processing, reduces waiting times, and offering the possibility of obtaining work authorization and travel documents.

Our team of skilled immigration attorneys has extensive experience in handling concurrent filings. We are experienced with handling the complexities and nuances of immigration law, ensuring your application is prepared correctly and submitted.

Contact us today if you’re considering concurrent filing of Forms I-485 and I-140. Our experienced attorneys are here to help you every step of the way. Schedule a consultation to discuss your case and explore the options for your immigration journey.

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