I-765

[bste3 0]

I have read the instructions on this form and still am confused. If my wife was here on J1, now filing AOS (i-130 and i-485) is she eligible to file the i-765 and work while we wait for her other documents?

[CC90 90]

Yes. But she cannot work until she actually receives the work document (EAD I-766).

Your wife isn't subject to the 2 year HRR is she?

[bste3 0]

No she is not. So even if she is out of status now, if we send the i-765 with our packet, she is eligible?

Thanks for the reply

[CC90 90]

So even if she is out of status now, if we send the i-765 with our packet, she is eligible?

Yes. It's just important to note that she must receive the card before she will be considered authorized to work.

[bste3 0]

Thank you

[ceadsearc 516]

She is eligible, once she receives the EAD. It's the Advanced Parole she can't use if she is out of status.

[bste3 0]

What is advanced parole?

[CC90 90]

What is advanced parole?

It's advance parole. USCIS can grant you parole in advance to reenter the US without a visa until it is revoked.

Effectively, it allows you to leave the country while your adjustment is processing when you otherwise wouldn't be able to. The danger with this is that it may trigger lengthy bans if the applicant has been out of status for longer than 6 months.