Legal Question in Immigration Law in California
I am currently on H1B visa and my wife applied for my GC as she is permanent resident, Her citizenship was denied and she appealed to USCIS and case is still pending. Currenlty my visa number is available for petition she filed using her GC. Do you see any complications in getting GC for me?
2 Answers from Attorneys
Just to make sure, consult an attorney befire filing the I-485. Otherwise, if a priority date is current, and her permanent residency is not revoked (she is not being placed into removal), then it should be okay to apply for adjustment of status as you are in a valid non-immigrant status.
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Provided that your priority date is current you can now submit your application for adjustment of status in the U.S. In reference to your wife�s application for naturalization, you have not provided any details. Therefore, it is not clear on what grounds it was denied and whether it could lead to the revocation of her permanent resident status.