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New INS Rule Allows for Concurrent Filing of I-140 Visa Petitions and I-485 Adjustment Applications

August 01, 2002

By Immigration Practice Group

The Immigration and Naturalization Service published an interim regulation on July 31, 2002, which allows I-140 immigrant visa petitions to be filed concurrently with I-485 adjustment of status applications. INS is hopeful that this new rule will help reduce delays in the permanent residence process. Previously, an individual could not file an adjustment of status application until the immigrant visa petition had been approved. The interim regulation applies to individuals who are pursuing their green cards in the employment-based first, second, and third preference categories and only applies when immigrant visas are immediately available. The rule also allows for filing applications for employment authorization and advance parole (travel document) with I-485 applications.