When is the best time to apply for a green card if my husband is waiting for his citizenship application to be approved? - EB5Investors.com

When is the best time to apply for a green card if my husband is waiting for his citizenship application to be approved?

My husband is not a U.S. citizen yet, but his application has been processed since February 2019. I need to go my country, and if I apply for the green card in this situation how long would it take to get my travel permit? Or should I wait for my husband to get citizenship first?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Since the spousal category is open if your husband is a permanent resident, you may be eligible to file an adjustment now, but the work/travel permit can take at least six months and unless you have an H-1B or L-1 visa, you cannot travel without abandoning that application. If you have been out of status or worked without permission or on a visa waiver, you must wait until your spouse is a U.S. citizen.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Currently, you may file as the spouse of a permanent resident. I would anticipate work and travel permits coming anywhere from two to six months after filing. No reason to wait for petitioner to become a citizen. If it happens during the process you can upgrade.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

I recommend that you apply now. When he becomes a citizen, your case will be upgraded to a higher category. It is currently taking five to seven months to get work and travel permission. That is why I say apply now.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Advance parole/travel documents are processing sometime within six to 12 months.

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