Legal Question in Immigration Law in New York

Green Card Filing

Hi, I came in on a visitors visa in 2005 and met this man. I decided to stay on and we got married in 2007 and he obtained Citizenshi in 2008. However, he is reluctant to file for me because he has been unemployed since 2006 and fears that the application will be denied. His Aunt has agreed to sponsor me but he is still reluctant to take up the offer and is hoping to get a job.

Please advise because I am getting very anxious about my status and he is DEPRESSED!!!


Asked on 6/05/09, 8:45 pm

2 Answers from Attorneys
Stanley Smotritsky Smotritsky & Spektor, PLLC

Re: Green Card Filing

If the Aunt is willing to be the sponsor, the fact that your husband is unemployed should not be a problem. Your application will not be denied because he is unemployed. Talk to your husband and explain him the situation. In this day and age of increased immigration enforcement, you are absolutely right to be anxious about your status. Should you have any further questions, please do not hesitate to contact our office. We offer FREE first consultation.

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Answered on 6/08/09, 10:05 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Green Card Filing

I would need more information regarding your particular case before I can comment on it properly.

However, the immigration service will expect your husband to petition for you not his aunt.

Keep in mind the fact that immigration will want to know how the two of you have been living if he has not been working.

You need to file for your green card so you can get a Social Security#.

Patricia Martin-Gibbons

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Answered on 6/08/09, 4:13 pm


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