For many immigrant families in Illinois, the dream of permanent residency can feel frustratingly out of reach. However, in some situations, U.S. immigration law offers a faster, more efficient path: concurrent filing of Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status). This strategy can be powerful, but it’s not for everyone.
At Kasturi Law, LLC, we help clients determine whether concurrent filing is an innovative solution or a risk better avoided.
What Is Concurrent Filing?
Concurrent filing allows certain applicants to file both the immigrant visa petition (Form I-130) and the green card application (Form I-485) simultaneously. This approach is only available to immigrants eligible to adjust their status from within the U.S.—usually immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21.
The main benefit is speed: instead of waiting months (or longer) for an I-130 approval before submitting the I-485, both forms are processed together, potentially reducing the total wait time for a green card.
They entered lawfully (even if they overstayed their visa).
They are an immediate relative of a U.S. citizen (spouse, parent, or unmarried child under 21).
A visa is immediately available in their category, as the Visa Bulletin
Concurrent filing is also sometimes available for other categories, such as employment-based green card applicants, if the priority date is current.
What Are the Risks of Concurrent Filing?
Although concurrent filing can streamline the green card process, it comes with real risks if you’re not fully eligible or if your case has complications.
That includes those with:
Prior Immigration Violations
If you’ve overstayed a visa, worked without authorization, or entered the U.S. without inspection, you may not be eligible to adjust status. Filing an I-485 prematurely could trigger scrutiny, a denial, or removal proceedings.
Inadmissibility Issues
Criminal records, misrepresentation, or past immigration fraud can make you inadmissible. These issues often require waivers, and filing without a waiver plan can derail your case.
Relationship Doubts
If USCIS questions the validity of your marriage or family relationship, your entire concurrent application may be denied. This is especially true for recently married couples or those without strong documentation.
No Right to Work or Travel (Until Approved)
Applicants must wait for USCIS to approve work and travel permits (EAD and Advance Parole) before they can legally work or leave the U.S. Doing so beforehand could jeopardize your application.
Is Concurrent Filing Right for You?
At Kasturi Law, LLC, we evaluate each client’s immigration history, relationship details, and legal eligibility before recommending a filing strategy. In some cases, concurrent filing is a smart way to reduce wait times. In others, it’s too risky without resolving issues like inadmissibility or legal entry.
Talk to Our Illinois Immigration Attorney Before You File
Don’t go alone if you’re considering concurrent filing in 2025. The wrong filing strategy can cost you time, money, and legal standing. At Kasturi Law, LLC, we help Illinois families make informed decisions and build strong, successful cases.
Contact us today for a consultation and determine if concurrent filing is viable for your unique circumstances. We offer multiple ways to connect—meet with us in person, speak over the phone, or schedule a virtual session via Zoom. You can conveniently book your consultation through our online calendar and select a 30-minute or 60-minute slot based on what works best for you.
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