Are there any disadvantages to concurrent filing?

The Adjustment of Status application cannot be approved until the underlying Immigrant Petition is approved. Therefore if the Immigrant Petition is denied, the Adjustment of Status application will also be denied. Prior to deciding to file concurrently, it is recommended that the strength of the underlying Immigrant Petition be evaluated as it may be best to wait to file the Adjustment of Status application until the Immigrant Petition is approved to avoid the need to re-file in the future if a different path needs to be taken toward the green card. With premium processing now available for most employment-based Immigrant Petitions, at times it may be in the best interest to obtain an approved Immigrant Petition before filing an Adjustment of Status application. It is also important to keep in mind that if concurrent filing is pursued and the Immigrant Petition is denied, in addition to the Adjustment of Status application denial, all ancillary applications will be denied (Employment Authorization Document and Advance Parole). Where an individual is relying on the pending Adjustment of Status application for legal presence in the U.S., a denial of that application will leave the individual without a valid basis to be present in the U.S.

 

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