Legal Question in Immigration Law in California

My employer is filing the I-140 form for me as an EB-2 applicant for permanent residency. Because of personal reasons my spouse would like to be omitted from the form (specifically, "Part 7. Information on Spouse and All Children of the Person for Whom You are Filing"). Is this allowed, or is his/her information required on the form?


Asked on 8/24/16, 9:00 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Not only is the information required, but if your spouse & children plan on adjusting status, they should be included on the petition anyway. If your spouse is here unlawfully, then he/she cannot adjust status. However, I don't foresee that ICE would go after your spouse just because he/she is listed on the I-140.

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Answered on 8/25/16, 8:29 am


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