Immigration Issues/I-485


Hi Ashley,
  Just a couple of questions.
My I-140 was approved in NIW category in December 2006. I have not applied for AOS (485) as of April 16,2007.  Is there a time limit within which I must apply for AOS?  

My wife is not in US.  What forms I need to file at the time of my AOS so that she could join me without much delays. Please tell me.  Thanks.


There is not really a time limit at present to file for an adjustment of status.  What country are you from?  If you are not from India or China you can file your I485 now.  There is no time like the present to file to adjust your status.  There has been much talk about overhauling the immigration system and raising the filing fees substantially.  I would suggest that you file quickly so that you can take advantage of your situation and not have new rules if any limit your filing abilities.  

What status are you on?  If you are on a non immigrant work visa such as an H1 etc., I would suggest that you bring your wife to the country on an H2 visa and then you and she should file for your adjustment of status while she is in the country.  This seems to work best for my clients.  If not, then she can file to adjust her status with consoler processing at the US consulate in her home country.   

If you need anymore information, you may contact me directly:

Good Luck
Mark Ashley
Mark Ashley  

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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