I-485 Concurrent Filing: File Green Card Application with I-140
Concurrent filing allows eligible applicants to submit their I-140 immigrant petition and I-485 adjustment of status application at the same time, rather than waiting for I-140 approval first.
What Is Concurrent Filing?
Concurrent filing means submitting Form I-140 (immigrant petition) and Form I-485 (adjustment of status) together in the same package, rather than waiting months or years for the I-140 to be approved before filing the I-485.
Eligibility Requirements
To file concurrently, your priority date must be current according to the relevant Visa Bulletin chart at the time of filing, based on your category and country of chargeability. If your priority date is not current, you cannot file the I-485 yet, regardless of I-140 status.
Benefits of Concurrent Filing
- Ability to apply for an Employment Authorization Document (EAD) while the case is pending - Ability to apply for Advance Parole for international travel - Faster overall path to permanent residence if the I-140 is approved - Dependent family members can also file I-485 applications concurrently
Risks of Concurrent Filing
If the I-140 is ultimately denied, the associated I-485 will also be denied, since the I-485 depends on an approved underlying petition. This makes it important to file a strong, well-documented I-140 case from the start.
How Visa Bulletin Movement Affects Concurrent Filing
USCIS uses either the Final Action Dates chart or the Dates for Filing chart each month to determine concurrent filing eligibility. Check the current USCIS announcement to see which chart applies for your filing period.
Frequently asked questions
Can I file I-485 before my I-140 is approved?
Yes, if your priority date is current under the applicable Visa Bulletin chart, you can file I-485 concurrently with I-140, even before the I-140 is approved.
What happens to my I-485 if my I-140 is denied?
Your I-485 will also be denied, since it depends on an approved immigrant petition. This is why strong I-140 evidence matters even when filing concurrently.
Can my spouse and children file I-485 with me?
Yes, eligible derivative family members can file their own I-485 applications concurrently with the principal applicant, based on the same underlying I-140 petition.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and situation-specific. Always consult a licensed immigration attorney before making decisions about your immigration status.