The Catholic University of America

Filing Adjustment of Status Applications Concurrently with the Form I-140

Some individuals may be eligible to file Adjustment of Status applications (Stage Three of the premanent residency process) at the same time their Petition for Immigration Worker (Stage Two of the process) is filed with Immigration. This is known as concurrent filing.

What gets filed?

Concurrent filing involves the simultaneous submission of:

  1. The Petition for Immigrant Worker and the supporting documentation needed to establish eligiblity for the classification sought
  2. The Adjustment of Status Application and any supporting documentation needed

Who can take Advantage of Concurrent Filing?

To be eligible for concurrent filing, the following must apply:

  • The priority date for the classification sought in the I-140 (or I-130 in the case of family-based petitions) must be current for the individual as of the day that Immigration receives the application for Adjustment of Status.

Pros and Cons of Concurrent Filing

Advantages

Disadvantages
  • Immigration can begin running security checks on the adjustment applications earlier
  • Decrease overall processing times for completing entire green card process.
  • Can apply earlier for work permission to allow for work beyond scope of current nonimmigrant status. This is particularly helpful for spouses who wish to work, but whose nonimmigrant status doesn't allow it.
  • Can apply earlier for travel document that allows for travel without need for going to consulate for visa. This is helpful for people whose nonimmigrant visas have expired and for whom visa applications at consulates is lengthy and/or difficult.
  • Must pay fees earlier for each adjustment of status applicant. These fees include:
    • Filing fees
    • Medical exam fees
  • If the Petition for Immigrant Worker is denied, the AOS application will also be denied and the filing fees lost.

Who Decides whether or not to File Concurrently?

ISSS does not make the decision on whether or not Adjustment of Status Applications are filed concurrently with the Immigrant Petition. This decision rests with the individual being sponsored for permanent residence and, one would suppose, with whoever is paying the filing fees for hte adjustment of status applications.

ISSS will provide an opinion on the feasibility of concurrent filing, but the decision is ultimately left up to the sponsoring department and the individual.