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 ?
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.
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