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Strategic Immigration Planning: The Importance of Concurrent Filing

Concurrent filing (Opens in a new window) in the context of U.S. immigration typically refers to the simultaneous submission of multiple immigration-related applications or petitions by an individual or a family. This can be advantageous in certain situations, and the benefits may vary depending on the specific immigration processes involved. Here are some potential benefits of concurrent filing:

Concurrent filing
  • Faster Processing Times: Concurrent filing can lead to faster processing times for overall immigration applications. By submitting multiple applications simultaneously, you may streamline the adjudication process and receive decisions on various petitions concurrently.

  • Coordination of Dependent Applications: In family-based immigration, where multiple family members are applying for different benefits (such as adjustment of status or immigrant visas), concurrent filing allows for better coordination. This helps ensure that family members receive their approvals around the same time, minimizing separation periods.

  • Employment Authorization: Certain immigration categories, such as adjustment of status applicants, may be eligible for employment authorization. Concurrent filing allows applicants to apply for work authorization concurrently with their other immigration applications, enabling them to work legally while waiting for the final adjudication.

  • Flexibility in Status: For individuals in the U.S. on certain nonimmigrant visas, concurrent filing can provide flexibility. For example, if someone is in the U.S. on a temporary work visa and concurrently files for adjustment of status to obtain a green card, they may be able to continue working while the green card application is pending.

  • Timing Considerations: Concurrent filing may be strategically advantageous based on the specific circumstances of the applicant. For example, filing certain forms concurrently may help to establish priority dates or eligibility for certain benefits at an earlier stage in the process.

It's essential to note that the benefits of concurrent filing depend on the specific immigration categories involved, and not all immigration processes allow for concurrent filing. Additionally, the immigration landscape is subject to change, so it's crucial to consult with an experienced immigration attorney or rely on the most up-to-date guidance from U.S. Citizenship and Immigration Services (USCIS) for accurate and current information.

Form I-130A Instructions

Form I-130A instructions (Opens in a new window):

  • Part 1: Information About You (Petitioner):

    • Enter your full legal name, date of birth, and place of birth.

    • Provide your U.S. Social Security Number (SSN), if applicable.

    • Indicate your current marital status and previous marriages, if any.

  • Part 2: Information About Your Spouse (Beneficiary):

    • Enter your spouse's full legal name, date of birth, and place of birth.

    • Provide your spouse's U.S. Social Security Number (SSN), if applicable.

    • Include information about your spouse's current marital status and previous marriages, if any.

  • Part 3: Biographic Information:

    • Answer questions about your and your spouse's physical characteristics, such as height, weight, eye color, and hair color.

  • Part 4: Information About Your Marriage:

    • Provide details about your current marriage, including the date and place of the marriage, and any previous marriages for both you and your spouse.

    • If either you or your spouse were previously married, provide information about the termination of those marriages (divorce, annulment, or death).

  • Part 5: Information About Your Residence:

    • Indicate your current address and the date you began living at that address.

    • If you and your spouse live separately, explain the circumstances and provide the address where your spouse resides.

  • Part 6: Additional Information:

    • Use this section to provide any other relevant information that may assist in the processing of the petition.

  • Part 7: Interpreter's Contact Information, Certification, and Signature:

    • If someone assisted in completing the form on your behalf, the interpreter must provide their information.

    • Review the certification statement, and sign and date the form.

Make sure to review the instructions that accompany Form I-130A for any specific guidance or updates. It's crucial to be accurate and truthful in completing the form, and you may want to consider seeking legal advice or consulting with an immigration professional if you have any concerns or specific circumstances not covered here.

Form I-864 Instructions

Form I-864 instructions (Opens in a new window):

  • Download the Form: You can download the most recent version of Form I-864 from the USCIS website.

  • Read the Instructions: The form comes with detailed instructions. Read them carefully to understand the requirements, eligibility criteria, and how to fill out the form correctly.

  • Eligibility Requirements: Ensure that you meet the eligibility criteria to be a sponsor. Typically, the sponsor must be a U.S. citizen or a lawful permanent resident (green card holder) and meet certain income requirements.

  • Complete the Form: Fill out the form accurately and completely. Provide all the required information, including details about the intending immigrant, the sponsor, and the sponsor's household members.

  • Financial Documentation: The sponsor needs to provide supporting financial documentation to demonstrate their income. This may include tax returns, W-2s, and other relevant financial records.

  • Include Required Fees: Check the USCIS website for the current filing fees and include the appropriate payment method.

  • Sign the Form: The sponsor must sign the form. Note that electronic signatures are generally not accepted for this form; it usually requires a handwritten signature.

  • Submit the Form: Mail the completed and signed Form I-864, along with all required supporting documents and fees, to the address provided in the instructions.

Remember, immigration forms and instructions can be subject to change, and it's essential to consult the USCIS website or seek advice from an immigration professional for the most up-to-date information.

What immigration forms must be filed with a family-based concurrent filing?

The specific immigration forms required for a family-based concurrent filing can vary depending on the specific situation and the relationships involved. However, a common concurrent filing scenario occurs when a U.S. citizen petitioner sponsors a family member for immigration, typically a spouse or child.

The primary forms involved in a family-based concurrent filing are often:

  • Form I-130, Petition for Alien Relative: This form is used to establish the qualifying family relationship between the U.S. citizen petitioner and the intending immigrant (beneficiary).

  • Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by the intending immigrant to apply for lawful permanent resident status within the United States. It's filed concurrently with the Form I-130 when the beneficiary is already in the U.S.

  • Form I-765, Application for Employment Authorization (optional): The intending immigrant may file this form to request authorization to work in the U.S. while their adjustment of status application is pending.

  • Form I-131, Application for Travel Document (optional): This form is used to apply for advance parole, allowing the intending immigrant to travel outside the U.S. while their adjustment of status application is pending.

It's important to note that the specific forms and requirements can change, so it is recommended to check the official website of the U.S. Citizenship and Immigration Services (USCIS) or consult with an immigration attorney to ensure that you are using the most up-to-date forms and information based on your specific circumstances. Additionally, eligibility requirements and processes may differ depending on the family relationship (e.g., spouse, child, parent) and the immigration category.

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