Duluth, GA asked in Immigration Law for Georgia

Q: my husband recently applied for citizenship. can i send my petition form now to be permanent resident ?

his application is still processing. do i wait till he becomes a citizen or can i go ahead and send in my petition form?

Related Topics:
4 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You can not adjust status through him until he has attended a ceremony and is a USC. You may only adjust status through him - while he is an LPR - if you are here on a current visa and have no time wherein you were out of status.

Agnes Jury agrees with this answer

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: You must discuss your exact legal options with a professionally qualified immigration attorney to structure your legal strategy.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: If you are in lawful non- immigrant status, you can file the FORM I-485 and the FORM I-130 based on a lawful permanent resident spouse. If you are not in lawful non- immigrant status then you must wait until your spouse obtains U.S. citizenship.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
PREMIUM
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: Hi, Assuming you legally entered the US and you are otherwise eligible to apply for adjustment of status; your LPR husband may choose to petition for you as an LPR. Once he becomes a US citizen you file your green card application. The family petition does not give you any rights or privileges. If you are in VALID & UNEXPIRED STATUS, you may be able to apply for your green card even if your husband is an LPR. Immigration law is complex and you should consult with an experienced immigration attorney to make sure you choose the most cost-effective option for you.

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.