Can I file the I-485 and 765 concurrently?

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Can I file the I-485 and 765 concurrently?

I married a non-US citizen. I have already filed 1-130 and have a receipt number and need to know which other forms to file concurrently.

Asked on March 14, 2013 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your non-US citizen spouse can file the I-485 concurrently ONLY if he/she entered the US lawfully and is currently physically present in the US.  If he/she is not currently in the US, the I-485 cannot be filed.  If he/she entered the US unlawfully, he/she is not eligible to file I-485 under the current immigration laws.


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