485 and 130 concurrent filing with removal against me. Attorneys saying different things

[immigrationlimbo]

I am currently married to a US citizen but have deportation against me.  My spouse and I filed for I-130 but my current attorney says that I cannot file for I-485 at the same time because ICE has jurisdiction over my case.

 

I contacted another attorney and he said that I CAN file for I-485 along with I-130 based on this memo:

 

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/adjuststatus011207.pdf

 

it says

 

“In general, adjustment of status applications filed by arriving aliens who have been paroled and placed in removal proceedings will be adjudicated only by USCIS. “

 

So based on this memo, can I also file for I-485 before a decision has been made about my I-130?

Is this a good idea to do so?

 

My current attorney said it was not possible to file concurrently when I first consulted with him, but when I consulted with another attorney he said I can based on this memo?

I am from the middle east and I am paroled. When I was detained at airport I came to the US under a visitor visa. After release i got married.

 

Thank You all for your time