QUESTION

is there a wait period from OPT to Greencard?

Asked on Jan 28th, 2013 on Immigration - Missouri
More details to this question:
I am marrying a man from India. He is here on OPT status. We are wondering when we get married is there a certain process we should go through to keep him actively working while we are waiting for the greencard process to go through. Between his student Visa and his OPT he was out of work for almost 50 days. We were wondering will there be another time like that. Also what paperwork should we start and how long does all this process take?
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3 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Generally speaking, the period of time between filing and adjustment of status interview at a local USCIS field office is approximately 6 months nationwide. If your boyfriend's OPT status exceeds six months past the date of filing, he will likely be okay working-wise as long as the case is approved on the date of interview. USCIS also offers employment authorization on the basis of a pending adjustment of status application to those who make application for it. Such employment authorization application on form I-765 is usually filed at the time of the rest of the I-485 adjustment of status application paperwork. That work permission normally comes within 90 days. Such document may prove especially beneficial if the case is not approved at interview since it then usually becomes difficult to know how long US CIS will take to adjudicate the case unless the immigration examiner is forthcoming with such information. Applying for employment permission at that time would take another approximate 90 days. I do note that in a marriage-based adjustment of status application case involving a US citizen petitioner, illegal employment is not a bar to approval. 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 Feb 22nd, 2013 at 6:16 PM

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Congratulations on your marriage. You should be able to pursue permanent resident status for your husband from within the U.S.based on marriage to a U.S. citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  You can find info on the green card process based on marriage to a U.S. citizen at: http://srwlawyers.com/adjustment-of-status-marriage-to-u-s-citizen/ http://www.familytousa.com/green-card-through-marriage-ad/ There are important issues to be mindful of when pursuing the green card for him.  For example, he will not be able to travel outside of the U.S. until at least after everything is filed and he receives his advance parole travel permission. There may not be any employment gap based on his current EAD validity and obtaining a new one usually in about 60 days after everything is filed.  Overall there are specific consideratiosn applicable to an F-1 student that should be reviewed before you file anything.  Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Jan 31st, 2013 at 10:31 AM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
If you are a US citizen, you can file a one-step adjustment application.  90 days later, your husband would get a work permit.  If his OPT expires before that, he'll experience another gap.
Answered on Jan 31st, 2013 at 12:18 AM

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