Concurrent Filing of I-526 and I-485 (Adjustment) Explained

Concurrent filing, often referred to as "filing together," is a significant procedural advantage in U.S. immigration, particularly for certain employment-based green card categories. This practice allows an immigrant investor or applicant to submit their immigrant petition (like Form I-526/I-526E) and their application for adjustment of status (Form I-485) simultaneously, provided all eligibility criteria are met at the time of submission.

Understanding Concurrent Filing Eligibility

The ability to file concurrently is not universal; it is primarily dictated by the availability of an immigrant visa number. For employment-based categories, this hinges on the applicant's priority date being current according to the U.S. Department of State's monthly Visa Bulletin.

Key Forms Involved

Concurrent filing typically involves the following primary forms:

• Form I-526 or I-526E: Immigrant Petition by Alien Entrepreneur (e.g., EB-5 petition).
• Form I-485: Application to Register Permanent Residence or Adjust Status.

Advantages of Concurrent Filing

Filing concurrently offers substantial benefits to the applicant, streamlining the path to permanent residency.

1. Reduced Waiting Time: The most significant benefit is the immediate commencement of the adjustment process, potentially shaving years off the total processing time compared to filing the I-485 only after the I-526 is approved.
2. Interim Benefits: Filing the I-485 unlocks crucial interim benefits, provided the underlying petition is eligible for concurrent filing.

Interim Benefits Upon I-485 Submission

Once the I-485 is accepted, the applicant may apply for:

• Employment Authorization Document (EAD): Issued via Form I-765. This allows the applicant to work legally based on their pending adjustment application.
• Advance Parole (AP): Issued via Form I-131. This permits the applicant to travel internationally while the I-485 is pending without abandoning the application.

Caution: Travel using Advance Parole is generally recommended. Using travel documents issued based on a different pending status (like H-1B documents) while the I-485 is pending can sometimes create complications.

Prerequisites for Concurrent Filing

For concurrent filing to be permissible, several conditions must be met at the exact moment of submission:

1. Visa Availability: The applicant's priority date must be current in the Visa Bulletin for their specific preference category and country of chargeability.
2. Legal Entry and Status: The applicant must generally be in valid nonimmigrant status or have made a lawful entry into the U.S.
3. Completeness of Package: All required forms (I-526/I-526E and I-485, along with supporting documentation and fees) must be included in one submission.

The Importance of the Visa Bulletin

The Visa Bulletin dictates whether a visa number is immediately available. If the priority date is not current, USCIS will typically reject the I-485 filing, often advising the applicant to hold the I-485 until the priority date becomes current.

For example, in the EB-5 context, if the applicant is from a country that is "Unavailable" or "Final Action Dates" have not reached the applicant's priority date, concurrent filing is usually not possible.

Conclusion

Concurrent filing of Form I-526/I-526E and Form I-485 represents the most efficient pathway for eligible immigrant investors to transition from conditional or nonimmigrant status to permanent residency within the United States. Success hinges entirely on meticulous preparation and strict adherence to the priority date requirements outlined in the Visa Bulletin.