A common question I come across from my clients is whether they can concurrently file their marriage based green card application. It depends on whether the spouse being sponsored is currently residing in the United States or not. If the spouse being sponsored is residing in the USA on some sort of nonimmigrant status, such as H-1B, L-1A, F-1, etc. it is possible to concurrently file the marriage based green card application by filing the I-130 and the I-485 concurrently along with all the required supporting documentation. Currently, USCIS does not offer online filing for form I-485, therefore, if you are concurrently filing, you can file the I-130 and the I-130A online and file the I-485 by mail with the receipt notice of the I-130. As a common practice, whenever I am concurrently file for a client, I paper file the I-130, I-130A, and the I-485, along with other necessary forms, all together in one package via mail. I practice this to keep the case all consistent in one filing and to avoid any criss cross or confusion.

Another common scenario is when someone on B-2 visiting visa enters the USA and is trying to adjust their status while in the USA. It is possible to do this, but one must keep in mind that once someone files concurrently the I-130 and I-485 while in the USA on B-2 status, they must remain in the USA until their case is adjudicated. Should the person leave the USA while their applications are pending with USCIS, their filing may be deemed as “abandoned”.

A red flag to keep in mind are the differing intents with B-2 visa and they adjust their status to a green card while in the USA. Someone who is on B-2 status is acknowledging and telling the USA that they are here temporarily, for visiting purposes, and will be headed back to their country where they permanently reside. Now, when someone applies for adjustment of status, they are telling the USA they want to stay in the USA permanently. These are two contrary intents and USCIS may see that as violation of immigration laws. A common practice is for people to wait at least 90 days after entering the USA prior to applying the I-130 and the I-485 concurrently. It is highly recommended to speak with an Immigration Attorney to discuss the personal details of your case and analyze which is the best route to take. Feel free to give our office a call to schedule a consultation appointment with Attorney George. We’ll see you in a couple weeks for a new blog post!