Asked in Immigration Law for New York

Q: Can i apply for green card while i am visiting USA in B1/B2 visa?

My wife is a USA citizen and she was USA citizen before our marriage. we are married for 15 years and we have two son and both of them are USA citizens. i have been to USA 4-5 times in last 6 years in Business and travel visa. We were settled outside usa and now want to move to USA. I have few questions

1. do I have to wait for 90 days from my last entrance in USA for applying I-130?

2. Can i apply and overstay in USA till my application status is approved?

3. is there any risk involved regarding status change?

4. what is the usual duration for application processing for spouse cases?

5. can i travel while my application is pending?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Do I have to wait for 90 days from my last entrance in USA for applying I-130?

It should not be your intention to adjust your status in the US when you arrive as a visitor.

I recommend that you speak with an immigration attorney in private about your questions.

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