Silicon Valley Immigration Attorney

INS Allows I-140 and I-485 to Be Filed Together

SUMMARY: The current Immigration and Naturalization Service (Service) regulations provide that an alien worker who wants to apply for permanent resident by filing the appropriate Form I–485, Application to Register Permanent Residence or Adjust Status, cannot do so until he or she obtains approval of the underlying petition, Form I–140, Immigrant Petition for Alien Worker. This procedure has resulted in an unnecessary delay for certain alien workers. This interim rule amends the Service’s regulations by allowing the Form I–485 to be filed concurrently when a visa is immediately available, thereby improving the efficiency of the process as well as customer service. This interim rule also provides that, if an employment-based visa petition is pending on July 31, 2002, the alien beneficiary may obtain the benefits of concurrent filing, but only if the alien beneficiary files the Form I–485, together with the applicable fee and a copy of their Form I–797, Notice of Action, establishing previous receipt and acceptance by the Service of the underlying Form I–140 visa petition.

Further, this interim rule will allow the alien worker to apply for employment authorization using Form I–765, Application for Employment Authorization, and for advance parole authorization using Form I–131, Application for Travel Document, while the Form I–485 is pending.