Applying for a green card through adjustment of status typically requires waiting for an immigrant visa petition to be approved before the I-485 application for permanent residence can be filed. For many immigrants, that two-step process adds significant time to an already lengthy wait. Concurrent filing, which allows the I-130 petition and the I-485 application to be submitted to USCIS at the same time, is an option that can meaningfully shorten the overall timeline for eligible immigrants in Illinois.
What Concurrent Filing Actually Means
When an immigrant visa is immediately available at the time the I-130 petition is filed, USCIS allows the adjustment of status application to be filed simultaneously rather than in sequence. This means the petitioner files the Form I-130 immigrant petition and the intending immigrant files the Form I-485 adjustment of status application in the same submission package.
Concurrent filing is available only when a visa number is currently available for the applicant’s preference category and country of birth, as shown on the monthly USCIS Visa Bulletin. For immediate relatives of US citizens, including spouses, unmarried children under 21, and parents, visa numbers are always available, making concurrent filing a standard option for this group. For preference categories subject to per-country backlogs, concurrent filing may not be available even if the I-130 has been approved.
A Waukegan Adjustment of status lawyer at Dworsky Law Firm can review the current visa bulletin against a client’s specific category and country of birth to confirm whether concurrent filing is available and how to structure the package correctly.
What the Concurrent Filing Package Requires
The forms and supporting documents required for concurrent filing include both the I-130 petition materials and the full I-485 package:
- Form I-130, Petition for Alien Relative, with supporting documents establishing the qualifying relationship
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-864, Affidavit of Support, demonstrating the petitioner meets the income requirement to sponsor the immigrant
- Form I-693, Medical Examination, completed by a USCIS-designated civil surgeon
- Photographs, identity documents, and fee payments
- Form I-131 for advance parole and Form I-765 for employment authorization if those benefits are desired while the I-485 is pending
Errors or omissions in any part of the package can result in a Request for Evidence that delays the entire case. Getting the documentation right the first time avoids the months a typical RFE response cycle adds.
What Happens After Filing
USCIS issues biometrics appointment notices after the package is received, followed by scheduling for the adjustment of status interview at the local field office. The Chicago Field Office handles cases filed by Illinois residents. Interview wait times vary based on current USCIS processing backlogs.
During the I-485 pending period, an applicant who files Form I-765 concurrently may receive employment authorization, and an applicant who files Form I-131 may receive advance parole travel documents. These benefits allow the applicant to work legally and travel internationally without abandoning the pending adjustment application.
Dworsky Law Firm was founded by Attorney Ashley Dworsky, who came to the United States through the immigration system herself and understands the personal and practical stakes of the process for families waiting for resolution. If you’re ready to pursue adjustment of status in the Waukegan area, contact a Waukegan Adjustment of status lawyer at Dworsky Law Firm to discuss whether concurrent filing is available for your situation and what the package requires.
