Legal Question in Immigration Law in California

My husband has recently had issued to him the Immigrant Visa from the Abu Dhabi American Embassy.I just wanted to know is it possible now for my husband to go to the USA to obtain the green card and what is the procedure to do that, seeing that I am (and our daughter) are American Citizens. How long is the process and can he go to the US by himself to do it, or must i and our daughter accompany him? We currently reside in the UAE because we have jobs here, so if my husband were to travel alone to the states to start his green card procedure what is the time frame we are looking at?


Asked on 9/22/09, 9:12 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

I understand that your husband was issued an immigrant visa because you (petitioner) temporary reside with him abroad and you informed the US embassy of your intent to return to USA with your husband to resume residency in USA.

Upon his arrival in USA, he will become a permanent resident, and a Green Card will be mailed to your home address in USA (the address you provided to the embassy).

Your husband is not going to travel to USA to "start his green card process", but to complete this process and become a permanent resident. After that he is supposed to reside in USA, don't spend abroad longer than 6 months at a time, file IRS tax reports every year, etc.

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Answered on 9/22/09, 12:29 pm

If your husband has already been granted his immigrant visa, then all he needs to do now is to enter the U.S. and he is entering as a permanent resident. He must reside in the U.S., maintain his residence there, have tax records, etc., all showing that he has the intent to reside in the U.S. If he is abroad for longer than 6 months, then he should plan on getting a reentry permit. The reentry permit takes about 1-3 months to obtain before he departs. He should receive the green card in the mail at the U.S. address indicated in the Visa Petition. If his address is different he should immediately notify the USCIS on AR-11 form so that the card arrives at the correct address.

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Answered on 9/22/09, 2:26 pm


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