1. Can I file my I-485 Adjustment of Status while my I-140 application is still in process?

No, you cannot file an I-485 Adjustment of Status until after your I-140 application is approved.

2. What documents do I need to provide when filing an I-485 Adjustment of Status application?

To file an I-485 Adjustment of Status application, you will need to provide the following documents:

1. Form I-485, Application to Register Permanent Residence or Adjust Status.

2. Form I-485 Supplement A, for applicants adjusting status under the employment-based categories.

3. Form I-485 Supplement J, Declaration of Self-Sufficiency.

4. Evidence that you are eligible for adjustment of status such as an approved Form I-140 immigrant petition or a family-based petition (Form I-130).

5. Evidence of your identity and nationality such as a passport and birth certificate.

6. Proof of your physical presence in the United States such as a valid visa and Form I-94, Arrival/Departure Record.

7. Three passport-style photographs for each applicant.

8. Evidence of any name changes due to marriage, divorce or adoption.

9. Documentation of any criminal records including police reports and court dispositions.

10. Medical examination results from a designated civil surgeon and completed vaccination record(s).

11. Form I-864, Affidavit of Support from a U.S. citizen or permanent resident sponsor if you are applying as an immediate relative or family-based immigrant category beneficiary, or evidence of your ability to support yourself if you are applying under an employment-based category

3. What are the minimum requirements for filing an I-485 Adjustment of Status application?

The minimum requirements for filing an I-485 Adjustment of Status application are:

1. You must be physically present in the United States.
2. You must have a valid immigrant visa petition or other approved basis for eligibility.
3. You must have all required supporting documents, such as proof of identity, relationship to your qualifying relative, and financial support.
4. You must pay the applicable filing fees.
5. You must have a medical examination performed by an authorized civil surgeon.
6. You must pass an immigration interview at a USCIS office.

4. How long does it take to process an I-485 Adjustment of Status application?

The processing time for an I-485 Adjustment of Status application varies from case to case. Generally, it can take anywhere from 6-12 months, or even longer, to process the application. The length of time also depends on the current workload at the USCIS office.

5. Can I change my address after filing an I-485 Adjustment of Status application?

Yes, you can change your address after filing an I-485 Adjustment of Status application. You must notify U.S. Citizenship and Immigration Services (USCIS) of the address change within 10 days of moving. To do this, you must file Form AR-11, Alien’s Change of Address Card.

6. Can I travel outside the US after filing an I-485 Adjustment of Status application?

It is not recommended to travel outside of the U.S. after filing an I-485 Adjustment of Status application, as it could jeopardize your application and delay or even prevent your application from being approved.

7. Is there a fee for filing an I-485 Adjustment of Status application?

Yes, there is a filing fee for filing an I-485 Adjustment of Status application. The current fee is $1,225.

8. How does concurrent filing of an I-140 and I-485 work?

Concurrent filing of an I-140 and I-485 is a process in which an immigrant can simultaneously file their Form I-140 Petition for Alien Worker and Form I-485 Application to Register Permanent Residence or Adjust Status. This process allows immigrants to take advantage of all available immigrant visa numbers at the same time. If approved, they are granted both benefits concurrently, rather than having to wait for the I-140 to be approved before filing the I-485. The concurrent filing process can help accelerate the overall green card application process.

9. What is the difference between concurrent and non-concurrent filing of an I-485 Adjustment of Status application?

Concurrent filing of an I-485 Adjustment of Status application is when the applicant files Form I-485 at the same time as another immigrant petition. Non-concurrent filing of an I-485 Adjustment of Status application is when the applicant files Form I-485 separately from any other immigrant petition.

10. Do I need an attorney to file an I-485 Adjustment of Status application concurrently with my I-140?

No, you do not need an attorney to file an I-485 Adjustment of Status application concurrently with your I-140. However, it is highly recommended that you seek legal advice or assistance to ensure that your application is properly prepared and filed correctly.

11. What are the eligibility requirements for concurrent filing of an I-140 and I-485?

To be eligible for concurrent filing of the I-140 and I-485, the applicant must have an approved I-140 in the same or a similar occupational classification as the job offer, an approved labor certification, and an immigrant visa number available at the time of filing. Additionally, the applicant must have maintained lawful nonimmigrant status up to the time of filing and not have engaged in any unauthorized employment since their last entry into the United States.

12. Are there special rules for concurrent filing for certain countries or categories?

Yes, some countries may have special rules or restrictions when it comes to concurrent filing for certain categories. For example, certain countries may require additional forms or documentation for certain categories of patents when a concurrent filing is made. It is important to check with a patent attorney in the country or countries where you want to file a patent application to make sure you are in compliance with all applicable laws.

13. If my priority date is current, can I still file for concurrent adjustment of status and naturalization applications?

Yes, you can still file for concurrent adjustment of status and naturalization applications if your priority date is current. However, the filing of concurrent applications is not required. USCIS recommends that you wait to file your naturalization application until after your adjustment of status application has been approved.

14. How soon can I adjust my status if my priority date is current?

Once your priority date is current, you can file your adjustment of status application. The amount of time it takes for USCIS to process the application will vary depending on your individual case.

15. Is an interview required when filing for concurrent adjustment of status and naturalization applications?

No, an interview is not required when filing for concurrent adjustment of status and naturalization applications. However, if the application for naturalization is approved, you will need to attend an interview and complete a citizenship test prior to being granted U.S. citizenship.

16. How do my family members benefit from my concurrent adjustment of status and naturalization applications?

Your family members may benefit from your concurrent adjustment of status and naturalization applications if they are eligible to be included in your petition. If you are granted legal permanent resident status, your immediate family members (spouse, children, or parents) may also be granted legal permanent resident status. If you become a naturalized U.S. citizen, your immediate family members may be eligible for derivative citizenship if they have already obtained permanent resident status. In some cases, your stepchildren and adopted children may also be eligible for derivative citizenship.

17. Are family members eligible to receive work authorization when filing a concurrent adjustment of status and naturalization applications?

No, family members are not eligible to receive work authorization when filing a concurrent adjustment of status and naturalization application. The work authorization can only be issued to the applicant upon approval of their adjustment of status application.

18. Are green card holders eligible to apply for U.S. citizenship through the concurrent adjustment of status and naturalization process?

Yes. Green card holders who have been in the U.S. for at least five years and meet other requirements are eligible to apply for U.S. citizenship through the concurrent adjustment of status and naturalization process.

19. Can nonimmigrant visa holders apply for permanent residency through the concurrent adjustment of status and naturalization process?

No, nonimmigrant visa holders typically cannot apply for permanent residency through the concurrent adjustment of status and naturalization process. They must first change their status from nonimmigrant to immigrant, and then apply for permanent residency.

20. Is it possible to expedite the processing time for the concurrent adjustment of status and naturalization applications?

Unfortunately, no. The processing times for both concurrent adjustment of status and naturalization applications is determined by the USCIS and cannot be expedited.