Legal Question in Immigration Law in Louisiana

There are two parts to your application for permanent residence (PR). Upon presentation of your marriage certificate, prior divorces, etc. and receipt of an approved I-130, you will then be eligible for adjustment of status to permanent residence which requires the filing of a

Form I-485, and others. I'm not clear on your precise question, so I will say this. While the application for permanent residence is pending (i.e. time between filing the I-485 and actual receipt of the green card), YOUR HUSBAND SHOULD NOT LEAVE THE U.S. A departure will be deemed an abandonment of the pending application. If there are circumstances compelling him to leave and re-enter the U.S. there is a process to obtain a travel document issued by Immigration. Leaving with that document DOES NOT guarantee he will be granted re-entry upon his return. My wife is Russian and during the process of her application, we received a travel document from INS; however, we decided it was better to wait - why take a chance if you really don't have to.

If your husband illegally entered the U.S. and is here illegally, I would suggest that if his only INS violation is the illegal entry, in all likelihood he will be granted permanent residence. IT IS IMPORTANT; however, that you file both the application for permanent residence and adjustment of status at the same time because if he receives and OSC (Order to Show Cause) prior to you filing, you will have a world of inconvenience. You can obtain a complete package from www. uscis.gov or use their help line to have them mail you the complete package. I hope that helps you.