Perth Amboy, NJ Immigration Law Firms & Lawyers

If your AZ deferred prosecution incident occurred within the statutory is 5 years before you apply for N-400, it would impact you. Wait until it has passed five years to apply for N-400.

Your husband will not be able to obtain employment authorization through your petitioning for him. That is because there is no current priority date and he is not eligible to adjust status in the US as he is not in legal status. He may be able to obtain employment authorization through his asylum application, however. To do so, he or his attorney would have to file the asylum application with the office of the immigration court first and then after 150 days (assuming that it has not yet been denied), he would be eligible to apply for employment authorization on form I-765 employment authorization application. The legend for employment authorization for an asylum candidate is C –8. 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.

In your situation, you would be in a quasi-legal status in which you are allowed to stay during the time that the I-485 application is pending. You can also include your husband by having him fill out a separate I-485 adjustment of status application. If the petition will not be approved and your F-1 status is already expired, you would not have legal status anymore unless you appealed the petition denial and that was approved. You could conceivably be in the US unlawfully for a long period after that inasmuch as the Biden administration is not targeting most status violators for removal proceedings. At such point, you may wish to consult with an immigration lawyer for any further options. 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.