This is the final step in the green card process. The individual files the I-485 Adjustment of Status application with the U.S. Citizenship and Immigration Services (USCIS). Upon approval, the individual becomes a U.S. permanent resident.
Concurrent filing is when an individual is eligible to file an Immigrant Petition and file the Adjustment of Status application at the same time because an immigrant visa is immediately available in their category. This option only applies to individuals who choose to pursue an Adjustment of Status filing in the U.S.; Consular Processing of the immigrant visa abroad requires an approved Immigrant Petition before an individual can move forward with the final step in the case.
Concurrently filing the Immigrant Petition and the Adjustment of Status application allows the USCIS to begin adjudication of both cases at the same time. Each case progresses according to the USCIS processing times. For example, the USCIS may take four months to adjudicate an Immigrant Petition and take 6 months to adjudicate an Adjustment of Status application. By filing both cases at the same time, it should eliminate the several months delay for the Immigrant Petition to be processed separately before filing the Adjustment of Status application. Please note that an Adjustment of Status application cannot be approved until the underlying Immigrant Petition is approved.
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.
Not necessarily. It is essential that an individual seeking to immigrate to the U.S. fully disclose their background to their legal counsel. Depending on the issue, it may be possible to seek a waiver from the immigration authorities. Each individual’s situation is different and only after reviewing all of the facts of an individual’s case is it possible to determine how to proceed.
Please notify our firm as soon as possible if attending the scheduled appointment is not possible. If an individual is unable to attend the appointment on the scheduled date and time, the individual may consider visiting the ASC prior to the scheduled appointment date and request that his/her biometrics be taken on a walk-in basis (without an appointment). It is best for the individual to carry documentation which supports the fact that he/she will be unavailable on the scheduled date. Please note that if an individual chooses to attempt this option, it is best to do so at least 3 business days prior to the appointment. In the event that the ASC will not accommodate the walk-in request or the individual prefers to reschedule the appointment without attempting a walk-in request, we can contact the USCIS to reschedule the biometrics appointment but it must be done in writing and in advance of the appointment. It is not possible to call the ASC or the USCIS to reschedule an appointment. Please note that failure to attend a schedule appointment risks denial of the application.
USCIS will send the approval notice for the case generally within 2-4 weeks from the time the USCIS online case status system is updated. The permanent resident card, or green card, will be sent to the home address of the individual shortly after the approval of the Adjustment of Status application. If 30 days have passed since the approval notice has been received and the green card has not yet been received, please contact our office.