Legal Question in Immigration Law in California

I 130 Application - following to join benefit

My father filed an I 130 application for me as an unmarried child over 21 in 2002 which got approved in 2005. I am currently doing my J1 waiver job and have not applied for adjustment of status. I got married last year within USA. My husband is here in USA on a H1B visa. My question is that once I am done with my waiver job and am ready to file for adjustment of status will my husband be able to change his status on ''FOLLOWING TO JOIN'' basis? Will he be able to get his green card with me? How does it work?


Asked on 7/08/08, 1:19 am

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: I 130 Application - following to join benefit

The day you got married you have fallen out of your father's petition.

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Answered on 7/11/08, 1:26 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: I 130 Application - following to join benefit

I cannot know whether your husband is eligible to adjust status (nor you) as there is not sufficient information to know that, but assuming you are correct and you are both eligible to adjust, your husband can apply to adjust status as part of your case, filing with you or after, as long as it is before the green card is approved. If your timing is wrong, your husband won't get his green card for several years.

Best to be well counseled. Let me know if I can help. I'm at [email protected].

Sincerely

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Answered on 7/08/08, 2:33 am


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