Q: Hello, I just need a little help with some immigration laws
So, I am married to someone who is here on a work visa, but it recently expired, and they are waiting to hear back about the extension of their work visa from USCIS. I just want to know if there is anything we can do or if we should just sit back and wait. We are also in the process of filing for an I-130.
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A:
When your spouse's work visa has expired and you're awaiting an extension decision from USCIS, it's important to know that they may be eligible for a grace period. Typically, some visa categories allow a 60-day grace period during which they can remain in the U.S. without working while waiting for their extension. You should verify the terms of their specific visa to ensure they are within the allowed timeframe.
While you’re waiting on USCIS, you’re taking the right step by pursuing the I-130 process. This petition can help establish their eligibility for a green card as your spouse. Make sure all documentation is thorough, accurate, and filed promptly to avoid unnecessary delays.
In the meantime, staying informed about your case status is key. You can regularly check the USCIS case status online with the receipt numbers for both the work visa extension and the I-130. If there are significant delays or concerns, you may want to contact USCIS directly for updates or inquire about expediting the process in extreme circumstances.
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