QUESTION
Can you change your Green Card category from employment based to marriage based after you already filed the I-485?
Asked on Feb 15th, 2022 on Immigration - Washington
More details to this question:
My partner lost their job before receiving their employment based Green Card. They already have the I-485 and the EAD. Now they have less than a month to get another job with a company that can sponsor their GC, but that might not be enough time. I'm an American citizen, so I was wondering if it's possible to switch the GC category to marriage based. If yes, how long would it take for my partner to be allowed to work?
1 ANSWER
A US citizen spouse can sponsor a foreign national spouse for a green card as long as the foreign national entered the country with permission. This is true even if he falls out of status. After you sponsor him for his green card marriage base case, he can get his work permission in roughly 5 to 6 months. You should retain counsel anywhere in the United States for representation. Some of us charge a reasonable flat rate fee.
Answered on Feb 15th, 2022 at 12:05 PM