Legal Question in Immigration Law in California

I am a U.S. citizen and got legally married to a person a mexican citizen he has a visa and can cross whenever he wants, when we got fill out the papers for immigration I know they will take away his visa but how is he going to be able to go back to Mexico to work if he's not suppose to be working in the US? and what if one day a law enforcement asks him for his papers how does he prove that his documents are in process? and after getting his residence how long does he have to wait to apply to become a citizen?


Asked on 8/17/10, 1:00 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

If he lawfully entered the USA as a Visitor on B2 visa, he can apply for adjustment of status (green card) without having to go back to Mexico. If and when approved, he will be issued a conditional green card which would authorize him to work. Also, he can apply for a work permit while waiting for the approval of his green card.

He can apply to become a citizen after 3 years of being a permanent resident if married to a US citizen.

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Answered on 8/22/10, 11:31 am


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