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

Z

zigwhitman

New Member
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 will never be approved until your wife becomes a citizen, not a green card holder. Where are you getting this information from? I suggest you stay under the radar. Alerting USCIS to your presence will only invite a visit from ICE.

zigwhitman said:
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!
Click to expand...
 
They initiated removal proceedings against you, so your AOS application will be automatically rejected if you file it now. Your only hope for AOS is to wait until your wife is a US citizen, then you can file for AOS in immigration court.
 
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