On February 28, Bureau of Citizenship and Immigration
Services (BCIS) issued a memorandum (HQADN 70/23.1) to instruct service
centers on the procedures for concurrently filing of I-140 and I-485
when application for I-140 is denied.
The memo specifically instructs BCIS adjudicators to "deny the
adjustment application (Form-485) where the concurrently filed underlying
petition (family-based or employment-based) is denied. It also requested
adjudicators to deny the related applications for employment authorization
(Form I-765) and advance parole (Form I-131). However, if the applicant's
appeal succeeds, BCIS may motion to reopen all of the related I- 485,
I-765, and I-131 petitions.
This memo confirms our previous concern about risks of concurrent filing
and highlights our recommendations and suggestions in our topic section
"Immigration Library: Concurrent
Filing of I-140 and I-485". We strongly suggest you to consult
an experienced immigration attorney before you make a decision to file
I-140 and I-485 concurrently.
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