In this new announcement published earlier this month, the Department of Homeland Security (DHS) is proposing to eliminate the ability to concurrently file visa petitions (I-130 Family Based Petitioners and I-140 Employment Petitions) with adjustment of status applications (I-485) for those within the United States seeking to acquire permanent residence status. This proposed change would affect all “preference category” applicants, meaning siblings of adult U.S. citizens. Parents, spouses, and children under 21 years of age would not be affected by this.
Currently, concurrent filing is available in the following situations:
- Immediate relatives of U.S. citizens living in the United States
- Most employment-based applicants and their eligible family members when a visa number is immediately available
- Special immigrant juveniles if an EB-4 visa number is immediately available and USCIS has jurisdiction over the application to adjust status.
- Self-petitioning battered spouse or child if:
- The abusive spouse or parent is a U.S. citizen, or
- If an immigrant visa number is immediately available
- Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA) Special Immigrant International Organization Employee or family member
An applicant must be in the United States to concurrently file. It is important to note that the proposed change right now only mentions eliminating concurrent filing for “preference categories” in the visa bulletin, leaving immediate relatives out of harm’s way. However, this will affect most employment-based petitions where a visa number is currently available.
This change will require visa petitioners to maintain some kind of nonimmigrant status while their petition is pending and force them to wait longer to apply to adjust status in the United States, despite a visa number being available.
You can read more about concurrent filings here.
The experienced attorneys at David Hirson & Partners, LLP are ready to help you with any changes to U.S. immigration processes and procedures. Contact us to receive answers to your corporate- and family-based immigration questions:
Telephone: (949) 383-5358 Email: [email protected] Website: www.Hirson.com