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The Family Immigration Process with Concurrent Filing
  • dimartinolaw
  • May 5, 2023

The Family Immigration Process with Concurrent Filing

The U.S. immigration system has a complex set of rules and requirements for family immigration. The process involves several steps, paperwork, and potential wait times. However, if you are a U.S. citizen or lawful permanent resident with a foreign national relative, you may be able to take advantage of the concurrent filing process to streamline the process and avoid unnecessary delays.

Concurrent filing, also known as one-step adjustment, involves filing a Green Card application (Form I-485) at the same time as Form I-130, Petition for Alien Relative. This can significantly reduce the time and paperwork involved in the process, and it is available to foreign nationals who are eligible for adjustment of status and already living in the U.S.

Working with an experienced Italian Immigration Attorney can help you understand the requirements for concurrent filing and ensure that your application is filed correctly and on time.

The First Step: Form I-130 Petition for Alien Relative

The first step in the family immigration process is for the U.S. sponsor to file Form I-130, Petition for Alien Relative. This form is used to establish the relationship between the U.S. sponsor and the foreign national beneficiary. The U.S. sponsor must demonstrate that they are a U.S. citizen or lawful permanent resident and that they have a qualifying family relationship with the beneficiary.

Once the USCIS approves the Form I-130, the foreign national usually waits for the USCIS to send them a Notice of Approval before submitting their Green Card application. However, in some cases, the foreign national can file their Green Card application at the same time as the U.S. sponsor files the I-130.


One-Step Adjustment: Filing Form I-485 with Form I-130

To take advantage of the one-step adjustment process, the foreign national must be eligible for adjustment of status and already living in the U.S. This means that they must have entered the U.S. lawfully and have legal status currently.

One-step adjustment is most commonly used by U.S. citizens filing for their foreign national spouse. If the foreign national spouse is already in the U.S. on a visitor visa, student visa, or work visa, they may be able to file Form I-485 at the same time as Form I-130.

The foreign national must also ensure that there is currently an opening for them to become a permanent resident. This means that they must check the box on Form I-485 that states that they have an immediately available immigrant visa number because their immigrant petition has been approved.

Other examples of foreign nationals who may be eligible for one-step adjustment include parents or children of U.S. citizens (the child must be under 21 and unmarried), and foreign nationals who have been subjected to domestic abuse by a U.S. citizen spouse or parent.

Understanding the Green Card Application Process

Form I-485 is the form that a foreign national must file to seek an adjustment of status while they are living in the U.S. If USCIS approves this form, the foreign national will receive their Green Card.

It’s essential to note that there is a different process if the foreign national is applying for a Green Card while they are outside of the U.S. This is called consular processing, and it involves going to a U.S. consulate. If the foreign national needs to use the consular processing system, they will not be able to use the one-step adjustment process.

Talk to an Italian Immigration Attorney

The family immigration process can be complex and time-consuming, with many potential pitfalls and delays. Working with an experienced Italian immigration attorney can help ensure that your application is filed correctly, and all necessary documentation is provided to USCIS with the green card application. USCIS will review the application and supporting documentation to determine whether the foreign national is eligible for adjustment of status. If the USCIS approves the green card application, the foreign national will receive their green card by mail within a few weeks.

If you are an Italian national seeking to obtain a green card through family sponsorship, it is important to work with an experienced Italian immigration attorney. An attorney at Di Martino Law Group can help you navigate the complex immigration laws and procedures, ensuring that your application is filed correctly and all necessary documentation is provided to USCIS.




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