Legal Question in Immigration Law in California

Spouse Petition by a GreenCard Holder
Hello. I am married to an Immigrant who is a GreenCard holder. My current status is a legal tourist here in
the US. What's the best way for me to obtain a US Work Permit without having to go through the H-1B process? Can my spouse petition me so I can legally work here in the US?
How long will it take? Your advise is appreciated. Thanks.

Asked on 8/24/02, 4:15 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

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Re: Spouse Petition by a GreenCard Holder

Why are other attorneys so incomplete with their responses on this same question asked over and over again on this forum? Your spouse can petition for you and that gets approved fast but your name will be put on a waiting list that currently takes at least 5 years before a visa number is available. Only at that time will you be eligible to apply for a work permit. If your spouse becomes a US citizen sooner than 5 years then you can get your work permit sooner. Otherwise, you will be illegal here in the US if you stay and are not authorized to work, unless you find another way of getting permanent residence such as labor certification or something like that.

People ask this question often here perhaps because they had heard that marrying a US citizen will make them eligible for a work permit fast. That is true, but spouses of green card holders are not treated as favorably as spouses of US citizens.

Liem Doan, Esq.

Answered on 8/25/02, 10:18 pm

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