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Will I receive AOS through my spouse's application if I am out of status?

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  • Will I receive AOS through my spouse's application if I am out of status?

    My wife is applying for EB1 from O1 visa.

    I have been out of status for years. In 2005 i have received a NTA with date to be set (which was never set). In February of this year I applied for DACA, as I meet the criteria, got the biometrics done but the EAD hasn't yet arrived.

    • My wife will fill out the i-140 and i-485 concurrently.
    • Do we fill out two separate i-485? Are the two cases reviewed separately?
    • Would approved i-140 grant us both EADs?
    • Would I be considered in status while we are waiting for AOS approval?
    • Does the fact that I am waiting for DACA approval function as a waiver for the lack of status?
    • Could my inclusion delay her approval?
    • Are my odds of adjusting my status higher at this step of the process rather than trying AOS later when she has her permanent residency?


    Thank you!

  • #2
    Originally posted by zigwhitman View Post
    My wife is applying for EB1 from O1 visa.

    I have been out of status for years. In 2005 i have received a NTA with date to be set (which was never set). In February of this year I applied for DACA, as I meet the criteria, got the biometrics done but the EAD hasn't yet arrived.

    • My wife will fill out the i-140 and i-485 concurrently.
    • Do we fill out two separate i-485? Are the two cases reviewed separately?
    • Would approved i-140 grant us both EADs?
    • Would I be considered in status while we are waiting for AOS approval?
    • Does the fact that I am waiting for DACA approval function as a waiver for the lack of status?
    • Could my inclusion delay her approval?
    • Are my odds of adjusting my status higher at this step of the process rather than trying AOS later when she has her permanent residency?


    Thank you!
    You need to see an immigration attorney immediately. This is NOT something you can or should do on your own. Even though you now may be approved for DACA, that doesn’t cure the fact that there is an NTA on file for you. Also, DACA doesn’t cure the fact that you were out of status for many years.

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