Concurrent Filing for Green Cards: A Complete Guide
Concurrent filing is a powerful but often overlooked option available to certain immigration applicants. This process is open to qualifying immigrants in both family-based and employment-based immigration cases. Understanding how concurrent filing works can help you save time, reduce stress, and take an important step toward securing your U.S. green card.
At Green Card Link, its immigration attorneys guide clients through the complexities of concurrent filing, ensuring eligibility is carefully evaluated and every form is filed correctly.
What Is Concurrent Filing?
Concurrent filing is a special U.S. immigration procedure that allows applicants to submit two critical forms at the same time:
- Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker)
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
By filing these forms together, applicants may significantly streamline their green card process and enjoy several important advantages.
Who Can File Form I-130 and I-485 Concurrently?
Concurrent filing is not available to everyone. You may be eligible if you fall into one of the following categories:
- You are being sponsored by an immediate relative (a U.S. citizen parent over 21 years old or a U.S. citizen child over 21 years old).
- You have already been assigned a visa number.
- You are a member of the U.S. Armed Forces applying for a special immigrant visa.
- You qualify as a special immigrant juvenile.
- You are a spouse or child of a U.S. citizen self-petitioning under the Violence Against Women Act (VAWA) due to abuse.
Who Can File Form I-140 and I-485 Concurrently?
In employment-based immigration cases, concurrent filing is available if you qualify under one of these categories:
- EB-1: Priority Workers
- EB-2: Professionals with advanced degrees or individuals with exceptional ability
- EB-3: Skilled Workers, Professionals, or Other Workers
Inadmissibility Restrictions
Even if you meet the above eligibility requirements, you cannot use concurrent filing if:
- You worked unlawfully in the U.S.
- You violated the terms of your non-immigrant status.
- You are subject to a two-year foreign residence requirement that has not been waived or completed.
How to File Concurrently
To file concurrently, you must submit both the I-130 or I-140 and the I-485 together in the same application package, along with all supporting evidence and filing fees.
USCIS will review both forms simultaneously. However, approval of your I-130 or I-140 must come first. If this petition is denied, your I-485 will not be processed, and the associated filing fees will be lost.
👉 Note: Concurrent filing is not available if you are applying through consular processing outside the United States.
Understanding the Forms
- Form I-130 (Petition for Alien Relative): Filed by U.S. citizens or lawful permanent residents to establish a qualifying family relationship and begin the process for a family-based green card.
- Form I-140 (Immigrant Petition for Alien Worker): Filed by an employer (or in some cases, by the foreign worker) after a PERM labor certification is approved, starting the employment-based green card process.
- Form I-485 (Application to Adjust Status): Allows eligible applicants already in the U.S. to apply for permanent resident status (green card).
Filing Fees
- I-130 and I-485 Concurrent Filing: $535 for I-130 + $1,225 for I-485
- I-140 and I-485 Concurrent Filing: $700 for I-140 + $1,225 for I-485
There are no discounts for filing the forms together.
Processing Times (2023 Averages)
- I-130 + I-485 Concurrent Filing: About 32 months total
- I-140 + I-485 Concurrent Filing: About 22 months total
Individual processing times vary based on USCIS workload:
- I-130: 14–19 months (no premium processing)
- I-140: 4–6 months (premium processing available, 15 days)
- I-485: 15–20 months (no premium processing)
Benefits of Concurrent Filing
- Family-Based Cases: Handle multiple steps at once, reducing the time and effort required later.
- Employment-Based Cases: Gain access to employment authorization (EAD) and advance parole (travel permission) much earlier in the process, which is critical for many workers in “H” and “L” visa categories.
Risks of Concurrent Filing
The biggest risk is that if your I-130 or I-140 is denied, your I-485 will automatically be rejected. This means your filing fees for the I-485 are lost.
Before pursuing concurrent filing, it is crucial to evaluate:
- The strength of your evidence
- The likelihood of approval for the initial petition
- Any risks tied to inadmissibility or prior violations
At Green Card Link, its immigration attorneys can carefully review your eligibility and advise whether concurrent filing is the right choice for your situation.
FAQs About Concurrent Filing
Should I file concurrently?
Concurrent filing is optional, but it can offer major benefits depending on your immigration path. Employment-based applicants, in particular, gain work and travel flexibility much sooner.
Can I file I-130 and I-485 together?
Yes, if you are sponsoring a qualifying family member for a green card. The I-130 is filed online, while the I-485 must be mailed to USCIS.
Can I file I-140 and I-485 together?
Yes, if you are applying under EB-1, EB-2, or EB-3 and meet all eligibility requirements.
Do I need to pay both filing fees?
Yes. Both filing fees must be paid in full at the time of submission.
Can I file I-485 while I-130 is pending?
Yes, as long as your I-130 has already been submitted. You must include Form I-797 (Notice of Action) to prove your I-130 is pending.