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.
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.
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.
