Legal Question in Immigration Law in Nevada

My husband got an EB2 green card and I got one at the same time through him.

Does this mean I am an employment based visa applicant or a marriage based applicant?

And if I am an Employment Based applicant (which I think I am) - does USCIS ask questions about the marriage at the citizenship interview?


Asked on 1/28/14, 6:43 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You are an EB derivative beneficiary. You must have your greencard for 5 yrs before you can file for naturalization. At that time, USCIS will ask you how you obtained your greencard, but that does not necessarily mean your naturalization application would be denied if you were divorced.

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Answered on 1/28/14, 6:56 pm


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