This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Janice Chen, Esq., and Victoria Khaydar, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.
For many immigrant families, the worst part of applying for a green card is the prolonged wait. Spouses of lawful permanent residents, in particular, have historically faced a significant hurdle: a multi-month delay between filing the initial Form I-130 petition and subsequently applying for their green card and work permit. The reason for this delay is simple – the Immigration and Nationality Act caps the number of people who can apply for a green card in each statutory category, and, typically, demand outstrips supply in almost all categories.
However, a rare window of opportunity is opening in April 2026. During the upcoming month, spouses of lawful permanent residents who are in legal status and otherwise qualify will be able to apply for their green card and work permit concurrently with their Form I-130.
Understanding the Advantage of Concurrent Filing
The ability to file concurrently offers a considerable advantage: saving time and alleviating stress. Traditionally, the process has involved a waiting period. For instance, in May 2025, there was a 90-day delay, with the priority date being February 1, 2025. This meant a three-month gap between filing the I-130 and being able to proceed with the green card application.
This upcoming change means that if you are a spouse of a lawful permanent resident, you could potentially have your green card and work permit applications filed simultaneously, streamlining a process generally known for its lengthy timeline.
Who Can Benefit?
This opportunity is ideal for spouses of lawful permanent residents who have not fallen afoul of these common problems.
- They must be in lawful status.
- They must not have worked without authorization.
Note that this opportunity applies to immigrants even from countries which have been “banned” – more properly, placed in an endless adjudication hold – by USCIS in December 2025 and January 2026. Your application may not be adjudicated soon, but you can certainly apply, and, when the freeze thaws, your application will be in queue for adjudication before those who waited.
Don’t Hire the First Law Firm You Read About on ARLnow
Choosing a lawyer for something so private and fraught can be challenging. We routinely recommend that prospective clients get a second opinion from another firm, so you can decide on what lawyer is best for you and your family.
Clients who have entrusted us with their cases frequently – and gratifyingly – share their feelings by writing reviews. Here are a few recent reviews, each touching on the approach of one of our attorneys.
Not all of our reviews are glowing, of course. We invite prospective clients to read the negative reviews as well as the positive ones. Here’s a link to the whole kit and kaboodle.
Consider Applying in April, If You Qualify
April, as T.S. Eliot memorably pointed out, is the coolest month. The May 2026 Visa Bulletin will likely revert to the traditional staggered filing system, meaning the chance for concurrent filing may disappear. If you wait until May 2026, you may not be able to take advantage of this accelerated pathway.
If you believe you qualify for this concurrent filing process in April 2026, reaching out for a consultation can help you understand your options and decide, in a careful and informed way, whether this is the right next step for your family.
