Vickerstaff Law Office

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Local: 502-442-2039 Toll-Free: 888-832-2944

Vickerstaff Law Office

Call For An Initial Consultation

Local: 502-442-2039 Toll-Free: 888-832-2944

Can you concurrently file your adjustment of status application and immigrant visa petition?

There are many rules and regulations when it comes to filing immigration paperwork. It can be tough to understand, especially if English is not your first language. It is to your benefit, though, to make sure you understand the process.

If you are filing for adjustment of status, you should know that you also need to file an immigrant visa petition. According to the U.S. Citizenship and Immigration Services, you may have a situation where you can file the two applications concurrently. Doing this can help speed up the process, but not everyone will qualify.

Concurrent filing

Concurrent filing happens when your immigration visa petition has yet to get approval but you file the adjustment of status before getting that final declaration. One way to do this is to file them at the same time. You turn them in together. You can also file them separately.

Qualification

Not everyone can file concurrently. You must meet certain requirements. If you are filing for a special immigrant visa under Section 101(a)(27)(K) of the Immigration and Nationality Act, are an employee or family member of a special immigrant international organization, are a special immigrant juvenile, have an immediate relative who is a US citizen living in the country or have an employment-based visa, then you can generally file concurrently.

You also may qualify if you are a battered spouse or child. However, the abuser must be a U.S. citizen.

For all concurrent filers, there must be a visa number immediately available. If you have a consular processed case, you cannot file concurrently.

If you qualify, concurrent filing can be to your advantage. It is worth checking into if you wish to file for an adjustment of status.