Q: I got caught crossing border and got an I-94 and was let out on bond. Im Married to a citizen now can I file an I-485
We already filed and I-130 can I also file a work permit while we wait. I was never put into removal proceedings
A: Presumably you were given a notice to appear (NTA) in immigration court. If so, that complicates the process tremendously. You need to seek guidance from an experienced immigration attorney as there are extra requirements for the I-130 filing while in proceedings. Also, if indeed you were referred to court you cannot file an I-485 or apply for temporary employment authorization at this time. Your case is complicated so I encourage you not to try to handle it on your own.
Kevin L Dixler agrees with this answer
A: More information is needed. Did you have a visa? If so, which type? An attorney should review the basis of the I-94. It is unclear what action CBP or ICE took at the time. It is unclear how CBP or ICE will proceed. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. Good luck.
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