I just found this good forum and would like to ask some questions regarding I-485 for my sister. Thank you all in advance.
My sister applied asylum and got approved when she was a student (F1). Her husband is holding H1. When she graduated, she changed her status from F1 to H4 (her OPT was used by the previous degree). Later on, she started working using EAD based on the asylum. Her husband I-140 (NIW) was approved, my sister wants to file her I-485 with her husband since the processing time for asylum based I-485 is too long. But her lawyer said she can not file I-485 with her husband since she is already out of status.
My questions are:
1. Can she file her I-485 with her husband? Is it possible to get her I-485 approved?
2. Can she file two I-485 applications (one based her husband approved I140 and one based on her asylum)?
3. After she filing I-485, what category of EAD she should apply for , A5 or A9 (485 pending)?
Thank you very much,
My sister applied asylum and got approved when she was a student (F1). Her husband is holding H1. When she graduated, she changed her status from F1 to H4 (her OPT was used by the previous degree). Later on, she started working using EAD based on the asylum. Her husband I-140 (NIW) was approved, my sister wants to file her I-485 with her husband since the processing time for asylum based I-485 is too long. But her lawyer said she can not file I-485 with her husband since she is already out of status.
My questions are:
1. Can she file her I-485 with her husband? Is it possible to get her I-485 approved?
2. Can she file two I-485 applications (one based her husband approved I140 and one based on her asylum)?
3. After she filing I-485, what category of EAD she should apply for , A5 or A9 (485 pending)?
Thank you very much,