A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Monday, October 22, 2018

Proposal to Cancel Concurrent Filing of the I-485 Adjustment Application

DHS/USCIS proposes to eliminate concurrent filing of I-485 with the underlying visa petition such as the I-130 and I-140 petition.  The current policy allows concurrent filing as long as the priority date of the visa petition is current (visa numbers available based on the most current State Department Visa Bulletin).  

Concurrent filing has many advantages including 1) Permission for the applicant to stay in the U.S. once the I-485 has been submitted; 2) Permission to submit Form I-765, Application for Employment Authorization Document (EAD); 3) Permission to submit Form I-131; and 4) Permission for international students to study without a student visa.

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The proposal has been placed in the pipeline of DHS's upcoming rule making plan.  The rule making process is scheduled to take place in September 2019, meaning that the rule, if finally adopted, will not take effect until the end of 2019 or early 2020.  Still, this can hardly be good news for green card applicants.  

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