QUESTION

green card for the spouse?

Asked on May 07th, 2018 on Immigration - Michigan
More details to this question:
my wife is a green card holder.She took it in mid 2015 (from refugee status). I am an asylum seeker but it is taking too long for me.Is it better to apply for I 130 now or after she took the citizenship?. thank you
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The choice is not necessarily one or the other – your wife could apply for the I-130 at this time and possibly upgrade it to immediate relative petition status after she obtains her citizenship. The benefits of filing now are that the petition will have a head start in case your wife fails to be naturalized, and there is a lesser burden of proof than if you are subsequently placed under proceedings in front of an immigration court (assuming that you filed your asylum application affirmatively with U.S.C.I.S and your case is still pending with the agency). For adjustment of status in the U. S. based on marriage, you would generally have to be the immediate relative of a U. S. citizen to qualify (spouses, parents, and children under the age of 21 and unmarried are considered immediate relatives who can adjust status even if not maintaining legal status so long as they were inspected and admitted or paroled into the country) unless you are maintaining legal status at all times in the country. There is a legal question as to whether an individual whose timely files for asylum while in legal nonimmigrant status which later expires is considered legal for purposes of an adjustment of status application based upon a category other than asylum. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 04th, 2018 at 12:09 PM

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