Q: Married to USA Citizen for 6 years now, but we are living in Dubai,UAE. Can I still apply for Green Card?
My daughter is also an American Citizen, do i have to be in USA to obtain Green card or American Citizenship. I am Indian Passport holder.
A:
Your U.S. citizen spouse can file the relative petition ( FORM I-130) with USCIS on your behalf. You , as the beneficiary, do not have to be present in the U.S. to commence the process.
An experienced immigration attorney can assist you with this process and help you to avoid any pitfalls.
Good luck to you.
A: There are two "paths" to a green card (i.e. permanent residency in the US): 1) Adjustment of Status and 2) Consular processing. Some people come to the US on a tourist or other visa and then something happens and they decide to stay in the US (i.e. not leave) so they file for Adjustment of Status. Others are abroad and know they want to come and live in the US permanently so they go through the process of consular processing (which is where the US citizen stars the process in the US but the immigrant does an interview at the American Embassy where they reside). I would strongly recommend starting by doing a consultation with an experienced immigration attorney to discuss the details of your situation to make sure you are otherwise eligible to apply for a green card and then engaging the services of an immigration attorney to help you with the process. Best wishes!
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