immigrationlimbo Posted January 30, 2014 Report Share Posted January 30, 2014 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 Link to comment
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