The EB-2 visa category is currently open for applications, prompting many to consider concurrent filing of Form I-140 and Form I-485. While this approach is marketed as a way to expedite the green card process, it is essential to understand the legal implications and risks involved.
Key Details:
- Concurrent filing allows applicants to submit Form I-140 (NIW petition) and Form I-485 (green card application) simultaneously.
- Filing concurrently does not guarantee faster processing or increase the likelihood of I-140 approval; each petition is evaluated independently.
- A pending I-485 application does not confer legal status; it only provides a temporary authorized stay.
- If the I-140 petition is denied, the I-485 will also be denied, leading to potential unlawful presence and visa consequences.
Understanding these factors is crucial for applicants to navigate the complexities of U.S. immigration law effectively. The risks associated with concurrent filing highlight the importance of having a clear strategy before proceeding.
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Source: Gregori Pretto