withholding to green card via derivative status (H-1B)

[xeondavis]

An immigration judge granted me a 'withholding of deportation' about 4 years ago and I've been working using EAD all these years. My wife, who has an H-1B visa, is in the process of submitting the 485 form, to adjust the status to PR.

If she puts my name down on the 485 form as her spouse, will I be able to get the green card as well?

Thank You

[xeondavis]

An immigration judge granted me a 'withholding of deportation' about 4 years ago and I've been working using EAD all these years. My wife, who has an H-1B visa, is in the process of submitting the 485 form, to adjust the status to PR.

If she puts my name down on the 485 form as her spouse, will I be able to get the green card as well?

Thank You

[Rough Neighbor]

Just writing your name on your wife's Form I-485 doesn't automatically grant you the same permanent residency status. You shall have to file a separate Form I-485 based on your marriage to an EB-AOS applicant.

But then you have to consider that your 'withholding of deportation' is a provisional immigration status pending the issuance by the EOIR of a final determination of your case.

You may try but I suspect that the USCIS officer in whose hands your case would fall may just rebuff your own I-485 application for lack of jurisdiction. Your current immigration status is under DOJ instead of DHS. Anyway, this is just an opinion, ask your wife's lawyer.