Form I-485, Application to Register Permanent Residence or Adjust Status, is the form used by eligible foreign nationals already inside the United States to apply for a green card without leaving the country. In most employment-based and family-based cases, an applicant must wait for an underlying immigrant petition - such as Form I-130 or Form I-140 - to be approved before filing the I-485. Concurrent filing changes that sequence.
Concurrent filing, sometimes called “simultaneous filing,” allows a qualifying applicant to submit Form I-485 at the same time as the underlying immigrant petition, rather than waiting for that petition to be approved first. This can significantly reduce the overall wait time for a green card decision. Whether this option is available depends on visa category, priority date, and country of birth.
What Makes Concurrent Filing Possible
The legal basis for concurrent filing comes from the Immigration and Nationality Act (INA) Section 245(a) and related USCIS regulations at 8 CFR 245.2(a)(2). The core requirement is that an immigrant visa must be “immediately available” at the time the I-485 is filed. For concurrent filing to work, the applicant’s priority date must be current on the Visa Bulletin published monthly by the U.S. Department of State, or the applicant must be filing under a category that is always current.
For employment-based cases, USCIS uses both the “Final Action Dates” and “Dates for Filing” charts in the Visa Bulletin. When USCIS announces that it will accept filings based on the Dates for Filing chart - which it does through a monthly determination posted on its website - applicants can file even if their priority date is not yet current on the Final Action Dates chart. This distinction matters because the Dates for Filing chart is typically more advanced, especially for oversubscribed countries like India and China.
Family-based concurrent filing is less common because most family preference categories carry long backlogs. However, it does occur. The immediate relative categories - spouses, unmarried children under 21, and parents of U.S. citizens - are always current and carry no visa number backlog. An immediate relative can file Form I-130 and Form I-485 together from day one, provided the applicant is otherwise eligible to adjust status inside the United States.
Employment-Based Categories Where Concurrent Filing Is Common
The EB-1 category, which covers priority workers including persons of extraordinary ability, outstanding professors and researchers, and multinational executives and managers, is frequently current for most countries. When it is current, applicants can file Form I-140 and Form I-485 concurrently. The same applies to EB-2 and EB-3 filers from countries with current priority dates.
One practical advantage of concurrent filing in the employment context is the ability to file for certain derivative benefits at the same time. A principal applicant’s spouse and unmarried children under 21 may file their own I-485 forms simultaneously, provided they are physically present in the United States and meet admissibility requirements. USCIS processes derivative applications alongside the principal’s case.
When Concurrent Filing Is Not Available
Concurrent filing is not available when no immigrant visa number is immediately available. For employment-based applicants born in India or China, many categories have priority dates stretching back years or even decades. An Indian national with an EB-3 priority date from 2012, for example, cannot file Form I-485 concurrently because no visa number is available to that applicant. The I-140 petition must be filed and approved, and the applicant must wait - sometimes for many years - until the priority date becomes current before filing the I-485.
The category itself also determines eligibility. The EB-5 Immigrant Investor Program has its own concurrent filing rules that depend on whether the applicant is in the Unreserved or Reserved visa pools and their country of birth. USCIS issued updated EB-5 guidance in 2022 following the EB-5 Reform and Integrity Act, and the Visa Bulletin backlog for certain EB-5 categories now affects concurrent filing availability in the same way it affects other preference categories.
Diversity Visa (DV) lottery winners adjusting status inside the United States cannot concurrently file a petition alongside an I-485 because there is no separate underlying petition form for DV cases. The DV selection itself serves as the basis for adjustment, and the applicant files only the I-485, along with supporting documents. However, the visa must be available within the fiscal year of the lottery selection, which effectively creates its own tight deadline.
Certain applicants are entirely ineligible to adjust status inside the United States regardless of visa availability. Under INA Section 245(c), individuals who entered without inspection, who failed to maintain continuous lawful status since entry, or who worked without authorization (with limited exceptions) are barred from filing Form I-485. These bars apply even if a visa number is immediately available. In these situations, an applicant must leave the United States and process their immigrant visa at a U.S. consulate abroad - a process called consular processing - rather than adjusting status domestically. Concurrent filing has no relevance when the applicant is ineligible to adjust status to begin with.
Practical Considerations When Filing Concurrently
When filing concurrently, all required forms and fees must be submitted together in a single package to avoid rejection. A concurrent employment-based package typically includes Form I-140, Form I-485, Form I-131 (Application for Travel Document, if advance parole is desired), Form I-765 (Application for Employment Authorization), and all supporting documents. USCIS publishes a filing checklist for I-485 on its website that itemizes required evidence by immigrant category.
Filing Form I-765 and Form I-131 concurrently with the I-485 allows the applicant to apply for an Employment Authorization Document (EAD) and advance parole (AP) travel document while the green card case is pending. Once the I-485 is pending, the applicant may also be eligible to receive a “combo card” that combines EAD and AP on a single document. USCIS currently charges no additional fee for Form I-765 and Form I-131 when filed concurrently with a pending or simultaneously filed I-485, though fee structures are subject to change and applicants should verify current fees on the USCIS website before filing.
Biometrics appointments are scheduled after USCIS receives the concurrent filing package. USCIS notifies applicants of their biometrics appointment date and location through a Form I-797C Notice of Action. Missing a biometrics appointment without rescheduling can result in denial of the I-485, so applicants should follow up promptly if they do not receive an appointment notice within 60 days of filing.
One important timeline detail: when an I-140 and I-485 are filed concurrently, USCIS must adjudicate the I-140 before it can approve the I-485. If the I-140 is denied, the I-485 will also be denied, and any associated I-765 and I-131 applications will be affected. Applicants can request premium processing for Form I-140 (currently available for most employment-based I-140 categories at a fee of $2,805 as of 2024) to get a faster decision on the underlying petition, which can reduce uncertainty during the concurrent filing period.
This article provides general information only. Readers should consult a licensed immigration attorney for advice specific to their individual circumstances.
