QUESTION

Can I file 485 for my spouse as a primary applicant(Employment) without her in the country as she is traveling and will be back in a couple of months?

Asked on Oct 29th, 2020 on Immigration - Maryland
More details to this question:
As per the current bulletin, I am eligible to apply for i-485 (employment-based). I am planning to apply for 485 this week but my spouse went to visit her parents(out of the country) due to an emergency. Can I file 485 for my spouse as I am the primary applicant without her in the country as she is traveling and will be back in a couple of months?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Every I-485 applicant must be present in the country at the time that the application is filed. Once an I-485 application is filed, travel is restricted except for those on H or L visas or advance parole. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 28th, 2020 at 9:51 AM

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