QUESTION
I recently got married to my husband who presently has a USA B1/B2 visa/BCC can he or I apply for a green card?
Asked on Jan 31st, 2013 on Immigration - Texas
9 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If you are a U.S. citizen, you can file an immigrant petition for your husband, and he can file the adjustment of status application packet. If you are a U.S.permanent resident, you can file an immigrant petition for your husband; but he will have to wait about 2.5 years until his turn to receive an immigrant visa (he would have to extend or change his B1 status to stay legally in the U.S. while waiting for his immigrant visa, or return to his country and wait there, or become illegal; in the last scenario, if he does not get deported before receiving an immigrant visa, his illegal presence in the U.S. will be forgiven, and he will get a green card, if all the legal requirements are satisfied).
Answered on Feb 05th, 2013 at 2:52 PM
Rebecca T White
More details are needed, but most likely if you are a US citizen you can file an immigrant visa and adjustment of status application for him.
Answered on Feb 04th, 2013 at 2:36 PM
Your husband can apply for a green card right away if you are a United States citizen. You may want to consult with an immigration attorney about the details of an application since the manner of his last entry can be closely scrutinized although he is eligible to apply.
Answered on Feb 04th, 2013 at 2:35 PM
2 Awards
Assuming you are either a citizen or Legal Permanent Resident, you can apply for your husband. You'd likely get a conditional for him, and then you can remove the condition after a portion of time has lapse, and you can prove the validity of the marriage.
Answered on Feb 04th, 2013 at 2:34 PM
Immigration Attorney serving Las Vegas, NV
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Law Office of Arsen V. Baziyants
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The short answer is yes.
Answered on Feb 04th, 2013 at 11:12 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. As long as you are a US citizen and he does not have any inadmissibility issues, you can petition for him on form I-130 and he can apply for adjustment of status on form I-485 simultaneously.
Answered on Feb 04th, 2013 at 11:11 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. He can apply for his green card while he is in the US. The entire process takes about 3 months from start to finish (if done right!).
Answered on Feb 04th, 2013 at 11:09 AM
Yes, but there are issues with this that you may not be aware of. It is in your best interests to have an immigration attorney handle the process.
Answered on Feb 04th, 2013 at 11:08 AM
Bruce A. Coane
Yes. As long as he entered legally and you are a USA citizen.
Answered on Feb 04th, 2013 at 11:08 AM