Your husband can only adjust status to permanent residence if a qualifying family relation petitions for him and that petition is approved. Who is the US citizen other than your in-laws as for them to petition for him will take a long time. What is your current immigration status?
Generally, if your spouse entered the country legally, and is not disqualified because of a criminal history or for any other reason, then getting a permanent resident card is relatively straightforward. You'll file a series of documents with USCIS, (usually I-130, I-485, I-765 and I-131 plus supporting documents), have a background check, go for an interview, and eventually receive the permanent resident card. There are many things that can go wrong with this process, and small mistakes can result in years of trouble. I strongly recommend that you at least consult an immigration attorney to get a good understanding of the process before filing any paperwork.
If you are a U.S. citizen you would have to file form I-130 and then form I-485. If your wife's parents are U.S. citizens, they can also petition her, but it may take longer. If you are a legal resident only, you can still petition for her, but it will take longer also.
I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your wife's situation. He/she would then be in a better position to analyze her case and advise you of your options.
Hello: He would first get some kind of work permit. *Work Permit* You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to either your degree or your experience. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about three to six months to get the approval. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at the USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing.
What status are you? Your in-laws can file for their daughter but she would be in the FB-3 category which is backlogged many years (worse for some countries than others). It is s 2-step process and the first step is all that can be done now.
By filing they will give her a place in line but not the option to remain in the U.S. She would need to also change status to another nonimmigrant status for which she qualifies. This is tricky though if she starts the green card process through her parents.
Your question is not clear. By in laws if you mean her parents, a petition filed by a USC parent will be category F-3 and it has several years of wait time.
I am unclear if both you and your spouse are non-citizens/have visitor status, or if only your spouse is here on a B1/B2, you are not, and your spouse's parents are US citizens. Your spouse's parents as US citizens can file an immigrant visa petition on your spouse's behalf. However, it will be far from immediate in granting any form of status. You can review the Department of State Visa Bulletin for an idea of current wait times. If I can be of further assistance please let me know.
Generally, a U.S. Citizen parent of a married daughter may petition for her in the Family-based Third Preference visa category.
Note, however that there is a multi-year backlog for visas in this category, and the married daughter would not be permitted to stay in the U.S. on a visitor's visa (B1/B2) while waiting for a visa to become available.
Other eligibilities and options may exist, and there is no substitute for engaging an immigration attorney to review all of the relevant facts in order to advise about eligibilities, options and strategies.
Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
If you are a USC, you can file a visa petition for your spouse, and depending upon her manner of entry into the US, she may be able to apply for adjustment of status. If you are not a USC, her USC parents may be able to petition for her. She should consult an immigration attorney.
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