Legal Question in Immigration Law in Illinois
My spouse a current green card holder filled an I-30 petition for me which was approved March 2010. Our priority date just became current. I cannot adjust status because I'm currently out of status. She will become a citizen in a few months. When that happens do I get a green card on the same day she becomes a citizen? Will we still have to re-apply.
Thanks
2 Answers from Attorneys
If you are not eligible for adjustment of status, you can apply only when you become eligible for adjustment. For example, when your spouse becomes a US citizen. There is no automatic grant of a 'green card' upon a spouse's naturalization. You will have to apply when eligible and have an adjustment of status interview together with your spouse.
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Hi,
Assuming that you entered legally in the U.S. (even if authorized stay has subsequently expired), an adjustment of status application can be filed upon your spouse becoming a U.S. citizen. Filing adjustment of status will have ancillary benefits such as issuance of employment authorization document (jEAD) until you receive resident status (green card) in the U.S.
You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.
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