Legal Question in Immigration Law in New Jersey

visa waver

Hi my name is--name removed-- and I am a US citizen my husband came to the USA in July/2005 from Portugal on a visa waver we got married on 8/14/06, I filed for him to become a permanent resident he was approved at the interview on 11/6/08 in Newark New Jersey. Is he going to receive a permanent resident card? Is there a law that, if you came into the USA with a visa waver and did not marry within the 90 days you will not get a permanent resident card?

Please advise. Thank you. Carla


Asked on 11/11/08, 1:12 pm

1 Answer from Attorneys

Patrick Klauss Berd & Klauss, PLLC

Re: visa waver

If you were married for more than two years when the I-485 is adjudicated he should receive a permanent green card. The fact he entered on VWP should not affect his ability to adjust his status.

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Answered on 11/11/08, 2:25 pm


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