Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa ?
can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?
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A: You should post this question in the immigration section.
A:
If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.
Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed shortly after entry into the U.S.
Also, your spouse should not travel abroad until she is in possession of an advance parole document.
A: Yes. You’ll want to consult with an immigration attorney ahead of time. There can be some risks doing it this way.
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