Concurrent (One-step) Filing of Form I-130 and I-485

The immigration process to bring a foreign-born family member to the United States can be exciting and complex. The USCIS Form I-130, Petition for Alien Relative, is the cornerstone of this process for U.S. citizens or permanent residents aiming to sponsor their relatives. This form establishes the legitimacy of the familial relationship, setting the stage for subsequent immigration procedures. Understanding the role and requirements of Form I-130 is crucial for anyone looking to navigate the U.S. immigration system successfully.

USCIS Form I-130: Petition for Foreign Relative

The Form I-130, officially known as the Petition for Alien Relative, marks the initial phase for U.S. citizens or permanent residents wishing to sponsor foreign-born family members for immigration. This form is pivotal in demonstrating the bona fide familial relationship between the U.S. sponsor and the prospective immigrant.

USCIS Form I-485: Adjustment of Status 

Following the approval of Form I-130, the next critical step involves Form I-485, or the Application to Register Permanent Residence or Adjust Status. This form is essential for the foreign relative seeking to obtain lawful permanent resident status within the United States and transition from temporary to permanent status.

Understanding Concurrent Filing

Concurrent filing allows for the simultaneous submission of both Form I-130 and Form I-485 to the U.S. Citizenship and Immigration Services (USCIS). This process combines what were traditionally two sequential steps into a single, streamlined procedure, potentially shortening the overall duration and simplifying the path toward residency.

Who Can File Concurrently? Eligibility Criteria

Concurrent filing is not universally available. It primarily benefits immediate relatives of U.S. citizens residing within the country—this includes spouses, unmarried children under the age of 21, and parents of U.S. citizens who are 21 years or older. Certain employment-based applicants and special immigrants with immediately available visas may also qualify for this option.

The Benefits of Concurrent Filing

Opting for concurrent filing presents multiple advantages:

• Streamlined Processing: Combines the petition and application stages, accelerating the immigration timeline.
• Work and Travel Authorization: Applicants can apply for employment and travel permits during processing.
• Uninterrupted U.S. Residence: This option allows applicants to stay in the U.S. while awaiting the outcome of their application, regardless of their nonimmigrant visa status.

Step-by-Step Guide to Concurrent Filing

1. Complete the Necessary Forms: Accurately fill out Forms I-130 and I-485, alongside Forms I-131 and I-765, for travel and work authorization, and Form I-864 Affidavit of Support.
2. Gather Supporting Documents: Compile evidence of the U.S. petitioner’s status, proof of the familial relationship, and documentation verifying the immigrant’s lawful entry and presence in the U.S.
3. Submit Your Application: Send the completed forms, accompanying documents, and required fees to the designated USCIS address, opting for a delivery method that confirms receipt.
4. Post-Submission Steps: Await USCIS notification, participate in the biometrics appointment, and prepare for the interview.

This overview provides a foundational understanding of concurrent filing within family-based immigration. Given the complexity and evolving nature of immigration regulations, it is advisable to seek the expertise of an immigration attorney.

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