Green Cards Through Marriage

Learn how to obtain a green card through marriage.

Every year, several hundred thousand persons get green cards through marriage. If you entered the US lawfully, obtaining permanent residence is quick and easy as long as your marriage is for love, not just to get a green card. Your spouse submits an I-130 visa petition on your behalf and, at the same time, you file an I-485 application for adjustment of status. However, there are a lot forms and fees to contend with.

You can apply for a green card through marriage and adjust your status in the US even if you overstayed your visa.

Even if you entered the US unlawfully, your US citizen spouse can still submit an I-130 visa petition on your behalf. However, you may need to return to your country in order to apply for a green card through marriage. Before you do, carefully prepare an I-601A provisional "extreme hardship" waiver and submit it to the USCIS. See http://shusterman.com/i601a-provisional-waiver.html

In 2013, the ability to obtain green cards through marriage became available to same-sex couples. See http://shusterman.com/immigration-benefits-same-sex.html

If your marriage is less than 2 years old when you become a permanent resident, you will receive a two-year green card. 90 days before your green card expires, you and your spouse need to submit an I-751 joint petition. See http://shusterman.com/greencardsthroughmarriage.html

However, if your marriage ends in divorce during the two-year period, you must file an I-751 waiver. See http://shusterman.com/i-751-waiver.html

For more information please see our Green Cards Through Marriage Page: http://shusterman.com/greencardsthroughmarriage.html

Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html if you need assistance.

DAPA: How You Can Qualify for this Program

This video explains how to qualify for the new DAPA program.

Schedule a free DAPA consultation at http://shusterman.com/schedule-immigration-consultation.html

How to Become a U.S. Citizen

These videos discuss how to become a US citizen through naturalization.

Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Honor Student Beats Deportation

This video explains how a 14-year-old "illegal alien" beat deportation & gained permission to remain in the US.

Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

June 2015 Visa Bulletin: The Good, The Bad, and The Ugly

The June 2015 Visa Bulletin contains a bit of good news for persons in certain employment-based (EB) categories. However, for others, like Chinese investors, the news is mostly bad. For Filipino professionals and Mexicans and Filipinos in some of the family-based (FB) categories, the news is downright ugly.

The Good

The worldwide EB-3 category (professionals, skilled and unskilled workers) advances 6 weeks creating the shortest backlog in this category in several years.

For persons born in China, the EB-2 numbers (for advanced-degree professionals) jump ahead by an entire year! EB-3 China advances by 4 months.

For persons born in India, the EB-2 category leaps ahead by 5 ½ months, while the EB-3 numbers inch forward by a single week.

The Bad

The worldwide family-based categories barely advance while the FB-2B (unmarried adult sons and daughters of permanent residents) and FB-3 (married sons and daughters of US citizens) numbers remain frozen.

For persons born in Mexico, most of the family-based categories advance either 1 week or not at all. In some of these categories, the waiting times exceed 20 years. The same is true for persons born in the Philippines.

The EB-5 investor category for persons born in China, which retrogressed 2 years in May, fails to move forward in June.

The Ugly

For persons born in Mexico who were sponsored by their US citizen brothers and sisters 18 years ago, the wait lengthens by 4 ½ months. This is a good example of how our legal immigration system is broken.

But what is much worse is the Philippines FB-1 category for unmarried adult sons and daughters of US citizens. In June, the present 10-year wait will lengthen to 15 years!

And finally, have pity for Filipinos in the EB-3 category (nurses, accountants, engineers, etc.). In May, their waiting times increased from 7 months to 7 years. (No, this is not a typo!). And in June, their waiting times will increase again, this time to 10 years.

Coming Attractions

Remember that as the federal fiscal year (October 1 to September 30) approaches its end, waiting times have a tendency to increase. This year, there are increasing earlier than usual.

However, do not despair. When the October Visa Bulletin is released, the outlook is bound to improve, at least to an extent.

If only Congress would take action to fix our broken immigration system, but that would probably be asking too much…

EADs for H-4 Spouses

On May 26, the USCIS will begin accepting applications for form I-765 Employment Authorization Documents (EADs) submitted by certain H-4 spouses of H-1B professionals.

What follows is a list of answers to 10 of the most frequently asked questions about this new policy:

1. Which H-4 spouses are eligible for EADs?

H-4 spouses of H-1B professionals with approved I-140 visa petitions or who have been granted a one-year extension beyond the usual 6-year period based on either a PERM application or an I-140 which has been pending for over one year.

2. What forms do I need to file?

File form I-765 with proof of your H-4 status, show that your spouse is in H-1B status and has an approved I-140 or that a PERM application or I-140 has been pending for over 1 year. The filing fee is $380. If you are filing for an H-4 extension, you may apply for an EAD concurrently.

3. How long will my EAD be valid?

Be sure to request that your EAD last for as long as your H-4 status is valid.

4. Are there any limits on my employment?

No, you can work in any type of lawful employment. You can even work for multiple employers if you wish. You can change jobs at any time. You can start your own business. You can stop working at any time. You can work as a salaried employee, an hourly employee or a contractor.

5. What if my spouse and I are both in H-1B status? Can I change to H-4 status and request an EAD at the same time?

Yes, as long as you meet the eligibility requirements discussed in Question #1 above. Your employer will probably be delighted not to have to submit and pay for an H-1B extension for you.

6. How early am I allowed to submit my H-4 extension and EAD application?

You can concurrently submit your H-4 extension and EAD application 6 months prior to the expiration date of your H-4 status.

7. How long will it take for me to receive an EAD?

An EAD should be issued within 90 days. However, if you are applying for an H-4 and an EAD simultaneously, the waiting time will be longer.

8. What if my spouse no longer works for the employer who filed his/her approved I-140?

This fact alone should not prevent you from obtaining an EAD. A 2000 law commonly referred to as AC-21 permits a person in H-1B status with an approved I-140 and a pending I-485 to change employers after his/her I-485 has been pending for 180 days or more as long as his/her new job is in the same or a similar occupation. No new PERM or I-140 is required. However, even if this is not the case, you will still be permitted to obtain an EAD. Your spouse will be able to retain the old priority date, but his/her new employer may have to file a new PERM application and an I-140 visa petition.

9. Can I use premium processing to apply for an EAD? Can I file my application online? Is it possible for an H-4 child of a parent in H-1B status to apply for an EAD?

The answer is no to each of these questions.

10. Approximately how many H-4 spouses will be able to qualify for EADs?

The USCIS estimates up to 179,600 H-4 spouses will be eligible to apply for EADs during the first year of this program, and 55,000 in each subsequent year. The new program does not distinguish between cap-subject and cap-exempt H-1Bs.