Legal Question in Immigration Law in Illinois
Hi,
My son is studying in US on valid student visa. If he marry's a green card holder girl in US and who sponsor's him for green card then, can he get green card here in US without going to his country? How much time is required after this marriage to get a work permit for him?
Your early reply will be highly appreciated. Thanks.
Regards......NASIM.
2 Answers from Attorneys
Hi,
Your son can be sponsored after marriage in the F2A category: www.h1b1.com/sponsor.htm
However, he cannot remain legally in the U.S. solely based on sponsorship. He will be required to maintain underlying nonimmigrant status (such as student status [F1 visa]) until the priority date is current, allowing him to obtain EAD (employment authorization document) and to adjust status in the U.S.: www.h1b1.com/visawaiting.htm
The above attorney is absolutely correct. However, if your son's girlfriend is close to being able to naturalize, it will be better for them to wait until she becomes a U.S. citizen. How many years has she had her greencard? Please contact my office at 904-576-2581 or email me at [email protected] for a consultation.