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INS Authorizes Concurrent Filing of I-140 and I-485 Application

The INS has recently published a new rule which allows for the concurrent filing of I-140 immigrant visa petitions and I-485 adjustment of status applications. In the past, applicants had to wait for the approval of their I-140s before they could file their I-485s. This new rule provides that an I-485 may be filed concurrently with an I-140 as long as a visa number is immediately available. This new rule also provides that the applicant, his/her spouse, and children can file applications for employment authorization (EAD) and advance parole along with their I-485 applications.

Further, if an employment-based I-140 is presently pending with the INS and a visa number is immediately available, an applicant can file the I-485 together with the applicable fees and a copy of the I-140 receipt notice. The applicant does not have to wait for the approval of the I-140 in order to file the I-485.

If you are a client of Litwin & Smith and you have a pending I-140 immigrant visa petition, please contact us to discuss the possibility of filing your I-485 with the INS. In order to file your I-485, we will need the following documents from you:

1. Birth certificates for you and any family members

2. Marriage certificate, if applicable

3. Copies of previous H, L or other INS approval notices

4. Copies of Form I-20, if applicable

5. Copies of your passport pages

6. Medical examinations

7. Immigration style photographs

Additional documents may be needed for your I-485 filing. If you wish to proceed with your I-485 filing, please contact Litwin & Smith immediately to discuss your case.


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Edward R. Litwin is a specialist in Immigration and Nationality Law, certified by the Board of Legal Specialization of the State Bar of California. He and his firm have helped thousands of people immigrate to the United States. He is available for consultation by appointment.

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