Asked in Immigration Law for North Carolina

Q: I married an Asylum applicant and I’m a green card holder. We got a I 130 approval can he apply to adjustment of status?

We submitted a I-130 form and recently it was approved. I am a green card holder and he is an Assylum applicant. Can he apply for the I-485 adjustment of status ? Someone told me I needed to be a citizenship before he can apply for a green card. Is that true? He has never been here illegally. Since 2015 he has had a Valid temporary work permit and and authorization to stay in the USA.

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1 Lawyer Answer
Drew Elesh
Drew Elesh
  • Immigration Law Lawyer
  • Chicago, IL

A: The beneficiary (your spouse) needs to be on a valid visa to benefit from

an I-485. Since he is not a valid visa you would need to be a U.S. citizen

to adjust to a permanent resident of the U.S. You are correct that he has had

a valid work permit but that is not the same has having a valid status such

as a B-2 or F-1.

Essentially his visa expired so you would need to be a U.S. citizen for an

adjustment of status.

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