QUESTION

If I have an approved I-130 petition (F3 category), can I file form I-765 for EAD when I file form I-485 for adjustment of status

Asked on Jun 03rd, 2023 on Immigration - Georgia
More details to this question:
I have an approved I-130 petition filed for me by my U.S. citizen mom. I am currently in the U.S. and I am about to file form I-485 for adjustment of status. I would like to know if I can/should file form I-765 for Employment Authorization at the same time.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As you probably know, you can only a form I-485 adjustment of status application if your priority date is current. For you to legally file such adjustment, your priority date on the F-3 petition would have to be before March 1, 2010 unless you are from Mexico or the Philippines, in which case it is a much longer wait. Assuming that you are able to file for the adjustment of status, you can also file for an I-765 application for employment authorization as that is an ancillary application to which adjustment of status filers are eligible. You would also be eligible to file for I-131 advance parole to leave the US temporarily during the time that the adjustment of status application is pending. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Jun 24th, 2023 at 5:43 PM

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