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Concurrent filing of Form I-485, Application to Register Permanent Residence or Adjust Status is when an adjustment of status application (Form I-485) is filed prior to the approval of the underlying immigrant visa petition. To be considered concurrently filed, the immigrant visa petition and the adjustment of status application (Form I-485) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location. They will also be considered concurrently filed if the adjustment of status application (Form I-485) is filed after the immigrant visa petition but while the immigrant visa petition remains pending.
We allow concurrent filing for:
Concurrent filing cannot occur in consular processed cases, as the immigrant petition is filed with USCIS and the application for an immigrant visa is filed with the Department of State. Therefore concurrent filing is only seen in the context of an immigrant who is adjusting to permanent resident status (a Green Card) while in the United States.
You may file your petition and application concurrently when there is a visa number immediately available at the time of filing. Concurrent filing is always allowed for all immediate relatives of a United States citizen, since there are no numeric limitations in this category. However, in some categories, even if there is a visa number available at the time of filing, you may not be allowed to file concurrently unless you have an approved basis of eligibility (that is, an approved petition) before being allowed to file for adjustment of status. For more information on if you can file concurrently, refer to the instructions on your immigrant petition:
When adjudicating concurrent filings, we determine the eligibility for the immigrant visa petition first. If a visa number remains available for the immigrant classification and your Form I-485 is approvable (which in certain cases requires an interview), we will generally consider the adjustment application at the same time. We will mail separate decision notices for both forms.
For more information, see our Visa Availability and Priority Dates page.
