Question & Answer* (Answer is on top of the Question)

Attorney said: June 24th, 2008 6:47 pm
As a United States citizen, you can apply for a green card for your spouse at any time. He does not have to leave the country while the case is pending. The procedure is a little different if your spouse is in a deportation proceeding. But the regular process is that you petition him to get a green card. The green card is conditional initially and the condition must be petitioned to be removed by the end of the second year as of conditional green card approval. Please see my answer on March 24, 2008.

Sugey Diaz said: June 24th, 2008 6:16 pm
I’m a US citizen. I married a non resident I been married for 2years can I apply for a green card for him? Does he need to leave the country while the case is in process?

Attorney said: May 17th, 2008 10:48 pm
As an H-4 Dependent, you can not work. You must apply for another non-immigrant visa that allows you to work and these visa include but not limited to H-1, L-1, O-1 and others. Another way is for your husband to become L-1 and as a L-2, you will be able to work with USCIS approval. Of course, you can always apply for green card.

Saptha said: May 16th, 2008 1:12 pm
i am on H4 dependent on my husband H1. we are not planning for GreenCard. In such case can i work, apart from changing my visa status from H4 to H1. Am i eligible to EAD. If so how can i go for it and will it effect my husband’s H1?

Attorney said: March 24th, 2008 9:35 am
It will take approximately 3 years before you can get the final green card. First, it will take you around 3 – 6 month to get a conditional green card, which entitles you to all the rights of a permanent resident. Then by the end of the 90 days toward the end of the two year period as of the date the conditional green card is approved, you need to apply to remove the conditions, then the final green card will be issued.

Fernando Pereira said: March 23rd, 2008 7:24 am
im married to a US citizen. How long would it take to get my green card?

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*Posting by Attorney is for information purpose only and can not be relied upon as legal advice without proper establishment of client-attorney relationship. Users rely on information contained herein on their own risks