1. What is the impact of priority dates on Form I-485 concurrent filing?

The priority date on Form I-485 is important for concurrent filing because it determines the date when an immigrant can apply for Adjustment of Status (AOS) to become a permanent resident. The priority date is based on the date when the immigrant’s visa petition was filed with U.S. Citizenship and Immigration Services (USCIS). If the immigrant’s priority date is before the cut-off date listed on the Visa Bulletin, they are eligible to file their Form I-485 concurrently with their visa petition. This is important because it allows the immigrant to begin the AOS process and potentially receive employment authorization, travel permission, and other benefits while their visa petition is still pending.

2. Is there a difference between the priority date of a principal applicant and derivative applicants when filing Form I-485 concurrently?

Yes. The priority date of a principal applicant is the date that the initial application for immigration was filed, while the priority date of a derivative applicant is the date that the initial application for immigration was filed for the principal applicant.

3. How is the priority date established for concurrent filing of Form I-485?

The priority date for concurrent filing of Form I-485 is generally established based on the priority date of the underlying visa petition. This date is indicated on the I-797 Notice of Action receipt or approval issued by U.S. Citizenship and Immigration Services (USCIS) for the visa petition.

4. Does concurrent filing of Form I-485 affect the visa availability dates?

No, concurrent filing of Form I-485 does not affect visa availability dates. The visa availability dates are determined by the U.S. Department of State, and the filing of Form I-485 does not affect the visa availability dates.

5. Are there any special rules regarding priority dates when filing Form I-485 concurrently?

Yes. Generally, priority dates must be current at the time of filing the Form I-485. However, if the Form I-485 is being concurrently filed with a Form I-140, the petitioner may use the priority date of the I-140 in lieu of the I-485 filing date. This can be advantageous for applicants who have an approved petition but whose priority dates are not yet current due to backlogs in the visa categories.

6. Can derivative applicants file Form I-485 with a priority date different than the principal applicant’s priority date?

No, the priority date must be the same for both the principal applicant and any derivative applicants. A derivative applicant must use the same priority date as the principal applicant for their Form I-485.

7. Is it possible to update a priority date after concurrent filing of Form I-485?

Yes, it is possible to update a priority date after concurrent filing of Form I-485. The United States Citizenship and Immigration Services (USCIS) allows you to update your priority date if there is an earlier filing date for you or a qualifying family member. To update a priority date, you must submit Form I-485 Supplement J: Confirmation of Bona Fide Marriage. This form must be submitted within 90 days after the initial filing of Form I-485.

8. How is the priority date calculated when filing Form I-485 concurrently?

The priority date is calculated using the date that the Form I-485 is filed. This priority date will be used when determining when the applicant is eligible to receive an immigrant visa or adjustment of status.

9. What are the implications of priority dates when filing multiple applications for adjustment of status concurrently?

When filing multiple applications for adjustment of status concurrently, priority dates are important to consider. Priority dates are the date an individual’s application was filed and are used to determine who is eligible to adjust their status first. If an individual’s priority date for one application is earlier than the priority date of another application they have submitted, their earlier priority date application will be eligible for consideration first. This means that applicants must be aware of their priority dates when filing multiple applications as they may not receive a decision on all applications at the same time.

10. Do priority dates have an impact on the processing time for applications for adjustment of status filed concurrently?

Yes, priority dates can have an impact on the processing time for adjustment of status applications. Priority dates are assigned to applications based on the date the Form I-130 is filed. The priority date is used to determine when the applicant is eligible to apply for a green card. The earlier the priority date, the sooner the applicant may be able to move forward in the process.

11. What is the benefit of filing Form I-485 applications with different priority dates concurrently?

Filing Form I-485 applications with different priority dates concurrently allows an applicant to take advantage of any priority date that may become current earlier than the other. This can help expedite the process of obtaining a green card by allowing the applicant to move forward in the process with the application with the earlier priority date.

12. How do changes in visa availability dates affect the priority date in concurrent filing of Form I-485?

Changes in visa availability dates do not affect the priority date in concurrent filing of Form I-485. The priority date is the date that the initial application was filed, not when a visa is available.

13. Is there a way to expedite the processing of concurrent applications for adjustment of status based on priority dates?

No. The processing of adjustment of status applications based on priority dates is determined by the U.S. Citizenship and Immigration Services (USCIS) and is based on the availability of visa numbers. The USCIS does not offer any expedited services for these applications.

14. Are there any restrictions on filing multiple applications for adjustment of status based on different priority dates?

Yes, USCIS will only accept one Form I-485, Application to Register Permanent Residence or Adjust Status, per person at a time. If USCIS discovers that an applicant has multiple pending or approved Form I-485s, the agency may deny or revoke any adjustment of status applications.

15. Does the priority date have any effect on the adjudication process for concurrent filings of Form I-485?

Yes, the priority date affects the adjudication process for concurrent filings of Form I-485. The USCIS will prioritize cases with earlier priority dates first.

16. How is the priority date determined when multiple applications for adjustment of status are filed concurrently?

The priority date for concurrent applications is determined by the date the applications were properly filed with the USCIS.

17. Can an application for adjustment of status be denied due to a change in its priority date after concurrent filing of Form I-485?

Yes, an application for adjustment of status can be denied due to a change in its priority date after concurrent filing of Form I-485. The USCIS will review the application according to the current priority date based on the most recently available visa bulletin.

18. What documents need to be submitted to establish a priority date when filing Form I-485 concurrently?

When filing Form I-485 concurrently, the applicant will need to submit the following documents to establish a priority date:

1. Proof of the applicant’s identity and foreign residence, such as a copy of a passport
2. Employment Authorization Document (if applicable)
3. A completed and signed Form I-485
4. Two passport-style photographs of the applicant
5. Proof of a valid relationship to a qualifying relative, such as a certified copy of a marriage certificate or birth certificate
6. Documentation from the applicant’s current or former employer showing the applicant’s current or past employment history, such as pay stubs or W-2 forms
7. Evidence of any education completed by the applicant, such as transcripts and diplomas
8. A copy of the approved I-140 petition
9. Proof that the applicant has maintained lawful nonimmigrant status, if applicable
10. A copy of the applicant’s birth certificate
11. Evidence of any military service, if applicable
12. A medical examination report and vaccination records

19. How does USCIS determine which application has precedence when multiple applications are filed with differing priority dates?

USCIS will usually grant the application with the earliest priority date precedence. However, they may also consider factors such as the applicant’s qualifications and the availability of visa numbers before making a decision.

20. Is there any advantage to filing multiple applications for adjustment of status with different priority dates concurrently?

No, there is no advantage to filing multiple applications for adjustment of status with different priority dates. Filing multiple applications for adjustment of status with the same priority date will only result in one application being processed and any additional applications will be denied.