Legal Question in Immigration Law in Illinois

Can i get work authorization if i marry a permanent resident?

I am planning to marry my girfriend who is a permanent resident. She will be a US citizen next year.I am currently on H1B visa and my visa expires in December. My concern is after marrying will i get work authorization immediately? Can I file my application for residency immediately or do i have to wait until she becomes a citizen? Basically I want to know what would be my legal status after December.

Please let me know the process. Thanks in advance for your help. Appreciate it.


Asked on 8/21/10, 5:09 pm

2 Answers from Attorneys

Charles Medina Law Office of Charles Medina

You will not be able to apply for work authorization right away since your I-130 priority date is not current. Once she becomes a US citizen, you may apply for adjustment of status with work permit.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 8/26/10, 5:15 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Your wife can file an immigrant petition for you in the F2A category. However, you must continue to maintain your nonimmigrant visa status such as H1B. Information about the family sponsorship categories is here: www.h1b1.com/sponsor.htm

Once she either becomes a U.S. citizen, or if the priority date becomes current, you can file your adjustment of status application along with related applications such as employment authorization and advance parole document applications.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 8/26/10, 5:16 pm


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