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An I-765 (EAD) based on an Adjustment of Status application cannot be filed unless an I-485 is pending with USCIS, so your spouse will need to seek independent work authorization, as he or she is not eligible for an EAD in this situation.

No. Although security and background checks may have been the sole factors in the delay of your case, USCIS can only approve the matter when the Priority Date is current.

Your spouse's country of birth can be used to determine Foreign State Chargeability. As an illustration, let's say your country of birth is Mexico, and there is a quota backlog for Mexico, but your spouse was born in Ireland, and there is no quota backlog for Ireland in your preference category. In this situation, you and your spouse may proceed with your immigrant process based on your spouse's country of birth. This is referred to as Cross Chargeability.

It generally speeds up the process and also allows an individual to obtain other benefits from filing their Adjustment of Status applications, such as eligibility for advance parole travel documents and employment authorization cards which are particularly helpful when an applicant's nonimmigrant status lapses or when they change jobs under the Act's portability provisions ("AC21"). It should be noted that Adjustment of Status (AOS) is not considered lawful immigration status. Under the law, it is defined as a period of stay authorized by the Attorney General of the United States. In general, if you have properly filed an AOS application, and you subsequently allow your nonimmigrant status to lapse, you are technically in unlawful status, but you are protected from accumulating unlawful periods of stay for the purpose of future inadmissibility. This is a highly technical issue that is well beyond the scope of this FAQ. Nevertheless, because of this and other issues related to the ease of travel and ability to continue working interrupted while in temporary status such as H-1, L-1, E-1, etc., we generally advise clients to maintain such status when possible.

You must have an approved Immigrant Petition for Alien Worker (I-140) or Petition for Alien Relative (I-130). This means that you are immediately eligible for an Immigrant Visa provided that your priority date is current. The Priority Date is the official date your application was filed with USCIS. In family based cases, the priority date is the date USCIS accepted the I-130 petition for processing. In employment based cases requiring labor certification, the priority date is the date the application for labor certification as accepted for filing with the U.S. Department of Labor (DOL). Where labor certification is not required, the priority date is the date USCIS accepted the I-140 petition. If demand exceeds the visa quota, the State Department will hold the approved petition until the Priority Date is current to complete processing. Priority dates are printed in the U.S. State Department's monthly visa bulletin.