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If out of status, can I receive AOS through my spouse's EB1?

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  • If out of status, can I receive AOS through my spouse's EB1?

    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!

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