Concurrent filing in U.S. immigration typically refers to the ability of certain foreign nationals to submit multiple immigration benefit applications simultaneously. This is commonly associated with family-based or employment-based immigration processes.
For example:
- Family-Based Immigration: In the context of family-sponsored immigration, U.S. citizens may petition for their foreign national relatives to immigrate. If the foreign national relative is in the U.S. and is eligible to adjust their status to that of a permanent resident, the U.S. citizen petitioner can concurrently file the Form I-130 (Petition for Alien Relative) and the Form I-485 (Application to Register Permanent Residence or Adjust Status). This allows the foreign national to seek both family sponsorship and adjustment of status concurrently.
- Employment-Based Immigration: In employment-based immigration, when a U.S. employer sponsors a foreign worker for a green card, the employer may concurrently file the immigrant petition (such as Form I-140, Immigrant Petition for Alien Worker) and, if applicable, the Form I-485 for adjustment of status. This allows the foreign worker to potentially remain in the U.S. and work while the green card application is pending.
Form I-765 Instructions, How to Fill Out
Form I-765, officially known as the Application for Employment Authorization, is a document issued by U.S. Citizenship and Immigration Services (USCIS). It is used by certain foreign nationals who are eligible to work in the United States to request employment authorization. Below are Form I-765 instructions:
- Download the Form:
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- Obtain the latest version of Form I-765 from the USCIS website.
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- Read the Instructions:
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- Before you begin filling out the form, carefully read the accompanying instructions provided by USCIS. The instructions will guide you on how to complete each section.
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- Personal Information:
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- Provide your personal information, including your full name, mailing address, physical address (if different), date of birth, Social Security Number (if applicable), and other relevant details.
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- Eligibility Category:
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- Indicate the eligibility category for which you are applying. This could be based on your immigration status or a specific provision of the law that allows you to apply for employment authorization.
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- Additional Information:
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- Depending on your eligibility category, you may need to provide additional information or documentation. Ensure that you have the required supporting documents, such as a copy of your visa or other immigration status documents.
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- Criminal History:
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- Answer questions related to your criminal history, if applicable. If you have a criminal record, you may need to submit additional documentation.
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- Certification and Signature:
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- Review the certification statement, and sign and date the form. If the applicant is under 14 years old, a parent or legal guardian must sign.
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- Filing Fee:
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- Check the USCIS website for the current filing fee. Include the appropriate fee with your application unless you qualify for a fee waiver.
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- Checklist:
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- Go through the USCIS checklist to ensure you have included all necessary supporting documents and fees.
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- Mail the Application:
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- Mail the completed application, supporting documents, and fees to the address provided in the instructions.
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- Processing Time:
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- Check the USCIS website for current processing times. USCIS will notify you of the decision by mail.
What is the Immediate Relative Category?
The term “Immediate Relative Category” is often used in the context of immigration and refers to a specific category of family-based immigration in the United States. Immediate relatives are close family members of U.S. citizens who are eligible for immigration benefits because of their relationship. The Immediate Relative Category includes the following relationships:
- Spouses of U.S. citizens
- Unmarried children (under 21 years of age) of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is at least 21 years old)
One key feature of the Immediate Relative Category is that there is no numerical limit on the number of visas available each year for these relationships. This means that eligible immediate relatives can usually immigrate to the United States without being subject to the quotas or waiting periods that apply to other family-sponsored preference categories.
Immediate relatives generally have a faster immigration process compared to other family-sponsored preferences because of the priority given to these close family relationships. They are often exempt from the visa backlog and enjoy quicker processing times.
How can I verify if I am eligible for a concurrent filing of Form I-485 and I-130?
To determine your eligibility for concurrent filing of Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-130 (Petition for Alien Relative), you generally need to meet certain criteria. The concurrent filing process is typically applicable to immediate relatives of U.S. citizens. Here are the basic steps and criteria:
- Relationship Eligibility:
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- The petitioner (U.S. citizen) must file Form I-130 on behalf of the foreign national intending to immigrate.
- The beneficiary (foreign national) must be an immediate relative of the U.S. citizen. Immediate relatives include spouses, unmarried children under the age of 21, and parents (if the petitioner is at least 21 years old).
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- U.S. Citizenship of Petitioner:
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- The petitioner must be a U.S. citizen. Green card holders (lawful permanent residents) are not eligible for concurrent filing.
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- Eligibility to Adjust Status:
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- The beneficiary must be physically present in the United States to file Form I-485.
- The beneficiary must have entered the U.S. legally (exceptions may apply for certain immediate relatives).
- The beneficiary must be eligible to adjust status at the time of filing. This means they must meet all the criteria for adjustment of status, including visa availability.
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- Preference Category Exclusion:
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- Immediate relatives are not subject to numerical immigration quotas (visa limits), unlike family-sponsored preference categories.
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- Visa Bulletin:
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- Check the Visa Bulletin published by the U.S. Department of State to ensure that a visa number is available for the beneficiary’s category and country of chargeability. Immediate relatives do not have to wait for a visa number to become available, but it’s still essential to verify.
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- Filing Locations:
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- Check the filing locations for Forms I-130 and I-485. They can be filed together if the USCIS Service Center where Form I-130 is filed also accepts concurrent filings.
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- USCIS Instructions and Policies:
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- Review the USCIS instructions for Forms I-130 and I-485 to ensure compliance with current policies and requirements.
