Spouse (secondary) of E2 Visa holder (primary) obtained EAD and continued working as religious worker even though work authorization expired 4 years ago. Now the spouse (secondary) wants to adjust status to special immigrant religious worker using form I-360. Will the spouse (secondary) be permitted to adjust status? The primary spouse has not violated terms of her stay.
If it is possible for the secondary spouse to adjust status, what would be the proper way to proceed?
One source online stated that if the secondary spouse violates terms of stay (i.e. working without authorization) he is not subject to deportation but will be automatically barred from adjusting status to permanent resident. Another source stated that as long as primary spouse maintains E2 status, the family will be eligible to adjust status. Which is correct?
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