Can the I-485 and the I-140 be approved simultaneously in concurrent filing?

The immigration process to the United States, especially in cases such as the EB-2 NIW, can seem complex and often raise questions about strategies and procedures. One frequent question is about the possibility of having the I-485 (adjustment of status) and I-140 (immigrant petition) forms approved simultaneously – what we call “concurrent filing.”

In short, the answer is yes, it is possible to file both forms at the same time, provided certain conditions are met. However, it is crucial that the simultaneous processing happens within a scenario where the applicant has a current priority date in the U.S. Visa Bulletin. This means that, for most concurrent filing cases, the Form I-485 can only be accepted if there is a visa number available. If this requirement is not met, the possibility of concurrent adjustment of status may be compromised.

Furthermore, even with the joint filing of the forms, each petition is evaluated according to its own criteria and complexities. The I-140 is reviewed to verify whether the candidate meets the eligibility criteria of the EB-2 NIW, while the I-485 undergoes a series of checks related to security, admissibility, and other factors that may influence the adjustment of status.

For this reason, processing times and outcomes may vary, and approval of one form does not automatically guarantee approval of the other. It is always important to emphasize that strict compliance with immigration laws and procedures is indispensable. Therefore, seeking information from official sources and consulting specialized guidance can make a difference in the success of this process.

Extra caution is recommended to avoid falling into promises that guarantee results without legal basis or offers of services whose credibility cannot be verified. Remember that each person’s immigration situation may have specific nuances, and following the official guidelines of the responsible agencies is essential to make safer and better-informed decisions during the immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.