Legal Question in Immigration Law in California

can i apply for my husband who is in pakistan if my green card in in process?


Asked on 4/09/10, 2:59 pm

1 Answer from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

If your adjustment of status application (Form I-485) is not yet approved, you are not required to "sponsor" your husband in the family-based category: www.h1b1.com/sponsor.htm

If you are currently in the commonly utilized H or L nonimmigrant visa status, which allow for intention to immigrate to the U.S., your husband can now apply for H4 or L2 dependent nonimmigrant visa at the Consulate and join you in the U.S. Then he can file his I-485 assuming that your priority date is current. Information about priority dates is here: www.h1b1.com/visawaiting.htm

If your husband cannot join you in a nonimmigrant visa category in the U.S., he will be required to wait in Pakistan until your I-485 is approved, and then you will file Form I-824 to notify the nearest U.S. Consulate so that the process of immigrant visa issuance to your husband will be initiated by the Consulate.

You have the option of calling our law firm at 212-268-3580 during business hours or emailing [email protected] for additional guidance.

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/14/10, 4:39 pm


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