If you are a U.S. citizen and interested in petitioning your spouse, an unmarried child under 21 years of age, or your parents, this article is just what you were looking for! We will walk you through which forms you will need to submit to United States Citizenship and Immigration Services (USCIS) and which of them can be submitted simultaneously.

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What is Adjustment of Status?

Adjustment of Status (AOS) is the process through which a nonimmigrant visa holder who is physically present in the United States can acquire lawful permanent resident status (a green card). To be eligible for AOS at any time, you must be on one of the following dual intent nonimmigrant visa categories:

  • K visa
  • H-1 visa
  • L visa
  • E visa
  • V visa

Other categories must wait 90 days after their last entry into the U.S. before applying for AOS.

What Forms Can Be Filed Concurrently?

Concurrent filing refers to a benefit that AOS applicants have when filing their application. It means that individuals may submit multiple forms at the same time.

The U.S. citizen relative would have to first submit Form I-130 and get its approval in order for the foreign national relative to be able to apply for adjustment of status. But with concurrent fling, USCIS allows green card applicants to submit the following forms simultaneously along with the I-130:

  • Form I-485, Application to Register Permanent Residence or Adjust Status (required)
  • Form I-864, Affidavit of Support (required)

The foreign national relative will also be able to submit more important optional applications, such as Form I-765, “Application for Employment Authorization,” under the C09 category to get their Employment Authorization Documents (EAD) to lawfully work in the United States while waiting for the green card to be issued. Applicants may also submit Form I-131, “Application for Travel Documents, Parole Documents, and Arrival/Departure Records,” to obtain a travel document to travel abroad once approved, meanwhile the green card application is being processed in case any emergency occurs in their home country and their presence might be required.