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Can I Apply for Concurrent Filing of I-485 for Consular Immigrant Visa Processing? 

Hi William,

I will apply for EB1 Exreaordinary Ability Green Card aplication with the help of your excellent EB-1A DIY package. Since I need to do back to my home country soon, can I apply for concurrent filing of Form I-485 for the consular immigrant visa processing?


Concurrent filing of Form I-485 is when an immigrant petition Form I-140 and the adjustment application Form I-485 are filed at the same time and mailed together, with all the required filing fees and supporting documentation to USCIS.

Concurrent filing allows persons applying for permanent residence to submit the Form I-485, Application to Register Permanent Residence or Adjust Status, either along with a Form I-140, Immigrant Petition for Alien Worker, or after the I‑140 is filed but before it is approved, as long as there is no quota backlog in their immigrant category. Concurrent filing affects only the Adjustment of Status (I‑485) process, it does not affect those cases pursuing consular immigrant visa processing.

Concurrent filing cannot occur in consular processed cases, as the immigrant petition is filed with USCIS and the application for an immigrant visa is filed with the Department of State. Therefore concurrent filing is only seen in the context of an immigrant who is adjusting to permanent resident status (a Green Card) while in the United States.

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