This relates to a Green Card application. I-130 petition (for a spouse) and I-485 application were concurrently filed. Currently, the spouse for whom the I-485 was filed is lawfully living in the US and lawfully working under a work authorization according to a OPT. The concurrent filing was also file with a I-765 for work authorization just in case.
Immigrations / Green Card application. It is not clear how long it will take for approval of the I-130/I-485 and/or I-765. Are there any options in this situation for expedited processing of the petition/application or exemptions for continuing work while a Green Card application, such as the one above, is pending?
Concurrent I-130 and I-485 filing (with included I-765).
Assuming all proper supporting documentation and fee payment was filed with the application, including the medical examine documentation.
Lawfully married couple. Married in US with state marriage certificate. One spouse is US citizen. Other spouse lawfully entered the US with student visa and continued stay and work in the US under OPT.
If the EAD expires, the candidate is not authorized to work.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
If the spousal adjustment petition/application was properly prepared and submitted to USCIS then the EAD will be issued, under normal circumstances, within 90 days of filing . Depending on the location of the interviewing USCIS office, your adjustment can take up to a year for adjudication.
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