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In form I-765, what number of eligibility should be used when a US citizen is requesting his undocumented spouse?

Alpharetta, GA |

My wife is undocumented and we have begun the paperwork to provide her with papers. I am now filling out form I-765 and the category for this situation is not clear. She entered legally as a visitor, and then she gained a student visa, but lost it (due to financial troubles). What should I put in field 16 of the form?

Attorney Answers 3


  1. Given that your wife does not have a legal status, I would strongly recommend that you talk to an immigration lawyer to see if it is even prudent to apply. A good attorney should be able to talk with you about the process and whether you need help or not.

    If she is legally eligible to apply for adjustment, the work permit is based on having that application pending. It does not reference her prior or current (lack of) status. In most cases, the appropriate box is (C)(c)(9).

    This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.


  2. Generally you should put c (9) since she is filing her green card pursuant to her marriage to a US citizen. It is best to consult an attorney before filling all the paperwork to avoid delays.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. An I-765 can only be filed if an adjustment of status application is being filed with it or is pending.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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