When it comes to adjusting status in the United States, there are a variety of factors to consider. One of the most common questions asked by families is whether it is possible to file two I-485 applications at the same time. This article will explore the ins and outs of filing two I-485 applications concurrently.
When someone is adjusting their status to become a lawful permanent resident in the United States, they typically file an I-485 form with the U.S. Citizenship and Immigration Services (USCIS). However, there may be situations where someone needs to file two separate I-485 forms at the same time. In this scenario, it is important to understand the reasons why this may occur and the potential implications for the individual.
Understanding the I-485 Application
Before we dive into the specifics of filing two I-485 applications, it’s important to understand what an I-485 application is. An I-485 application, also known as an Adjustment of Status application, is the process by which an individual can apply for lawful permanent resident status (a green card) while they are physically present in the United States. The I-485 application is typically filed concurrently with an underlying immigrant petition, such as an I-130 or I-140.
The Benefits of Filing an I-485 Application
There are several benefits to filing an I-485 application. First and foremost, an approved I-485 application will grant an individual lawful permanent resident status, which allows them to live and work in the United States permanently. Additionally, filing an I-485 application can provide certain benefits, such as the ability to apply for a work permit and travel authorization while the application is pending.
The Requirements for Filing an I-485 Application
In order to file an I-485 application, the applicant must meet certain requirements. These requirements include, but are not limited to, being physically present in the United States, having a qualifying immigrant petition approved, and not being inadmissible to the United States. Additionally, the applicant must pay the appropriate filing fees and provide supporting documentation, such as a birth certificate and passport.
Filing Two I-485 Applications
Now that we have a basic understanding of the I-485 application process, let’s explore whether it is possible to file two I-485 applications at the same time.
Filing Two I-485 Applications Based on Marriage
In some cases, it may be possible for a married couple to file two I-485 applications concurrently. For example, if both spouses have separate immigrant petitions (such as an I-130 or I-140) approved, each spouse may be able to file their own I-485 application. Additionally, if one spouse is the beneficiary of an immigrant petition, the other spouse may be able to file their own I-485 application as a derivative beneficiary.
Filing Two I-485 Applications Based on Employment
When it comes to filing two I-485 applications based on employment, the process is typically more complicated. In general, an individual is only eligible to apply for lawful permanent resident status based on one underlying immigrant petition. However, there are some exceptions to this rule.
For example, if an individual has multiple job offers from different employers, each of which has filed an I-140 immigrant petition on their behalf, the individual may be able to file two I-485 applications concurrently. Additionally, if an individual has been sponsored for an employment-based green card by both their current employer and a previous employer, they may be able to file two I-485 applications.
The Risks of Filing Two I-485 Applications
While it may be possible to file two I-485 applications concurrently, there are some risks involved. Filing two I-485 applications can increase the complexity of the case, which may lead to longer processing times and a higher likelihood of requests for evidence (RFEs) from USCIS.
Additionally, if one I-485 application is denied, it could potentially impact the other application. For example, if a spouse files their own I-485 application as a derivative beneficiary and the primary beneficiary’s application is denied, the derivative beneficiary’s application may also be denied.
FAQs for the topic: Two I-485 at the same time
What is I-485?
I-485 is a form used to apply for permanent residency status or adjustment of status in the United States. This form is also known as the application to register permanent residence or adjust status.
Can I file two I-485 forms at the same time?
Yes, you can file two I-485 forms at the same time if you are eligible. You may be eligible if you have more than one basis for permanent residency status, such as both employment-based and family-based petitions. In this case, you will need to file a separate I-485 form for each basis.
What are the requirements for filing two I-485 forms at the same time?
To file two I-485 forms at the same time, you must meet the eligibility requirements for each basis. For example, if you are applying for permanent residency status based on your job, you must meet the qualifications for the job, such as education and work experience. Likewise, if you are applying based on your family relationship, you must meet the criteria set forth by the regulations.
How do I file two I-485 forms at the same time?
To file two I-485 forms at the same time, you will need to complete a separate application for each basis. You will also need to submit the necessary supporting documents, such as evidence of your job qualifications or family relationship. Additionally, you will need to pay the filing fees for each application.
Will filing two I-485 forms at the same time affect my application processing time?
Filing two I-485 forms at the same time should not affect your application processing time. Each application will be reviewed separately and on its own merits. However, it is important to ensure that you meet all the eligibility requirements for each basis to avoid delays or denials.
What happens if one of my I-485 applications is denied?
If one of your I-485 applications is denied, it should not affect the processing of your other application. You may be able to appeal or file a motion to reconsider the denied application. It is important to seek the advice of an immigration attorney if you receive a denial or request for evidence.
How can an immigration attorney help me with filing two I-485 forms at the same time?
An immigration attorney can help you determine if you are eligible to file two I-485 forms at the same time and assist with preparing and submitting the applications. They can also answer any questions you may have about the process and eligibility requirements. Additionally, an immigration attorney can represent you in court or administrative hearings if necessary.
