Phoenix, AZ asked in Immigration Law for Massachusetts

Q: Can my Canadian wife stay in the United States while she waits for her Green Card application?

We are visiting family in the United States and I was offered a job in the US which I would have to start in a few weeks if I accepted as I am not currently working in Canada. I am a US citizen and my wife is a Canadian citizen. We also have a baby that is both US and Canadian citizen. I do not want to live apart especially because of the baby. Can my wife stay in the US and apply for a green card while I work this new job?

Related Topics:
1 Lawyer Answer
Myron Morales
Myron Morales
  • Immigration Law Lawyer
  • Austin, TX

A: After she has been in the U.S. for 90 days, you can file a petition to adjust her status from visitor to lawful permanent resident. She can obtain a work and travel permit while the application is pending.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.