Legal Question in Immigration Law in California

My employer is sponsoring me to become a legal resident. The case has been going on for years. I got married a couple of months ago and just received an approval letter for my case through my employer. The approval letter states that I have to be unmarried. What are my options now. It is critical for me to get my residency so I can continue to work.

Thank You.


Asked on 8/01/09, 12:02 am

3 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

I?m sorry but this doesn't sound right. All employment immigration categories allow the spouse and minor children of the principal alien (you) to be immigrated, too, if they're also aliens accompanying the principal. So, I'm not sure under what employment category you're being sponsored under.

You're welcome to contact my office and show me what this "approval letter" is exactly. It just doesn't seem right.

Larry L. Doan

([email protected])

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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Answered on 8/01/09, 1:15 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

If you didn't include your spouse in your case before approval, then your spouse is not included, but you don't have to be single to get permanent residence through an employer. There's some information missing. Without further information, it's not possible to know what the option are as something's missing.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, phone at 818 609 1953 or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine

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Answered on 8/01/09, 1:34 am

An employment based visa petition (I-140) allows for employers to sponsor their employees. It is not clear from the information that you provided whether you have an I-140 approval and/or an I-485 approval. If the "approval letter" says "welcome" and your I-485 has been approved, then it sounds like you did not submit an I-485 for your wife also. When you got married, you needed to submit the I-485 for her too (assuming that you had an I-485 on file and your priority date was current). More information is necessary to answer your question. Feel free to email offline at [email protected] or phone at 415-387-1364, so that I can properly assist you.

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Answered on 8/01/09, 12:22 pm


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