Legal Question in Immigration Law in New York
Green card
i ve been told that if the marriage with us citizen is more than two years i will get a permanent green card and temporary green card...my wife has filed for me i-130 it has been 22 mounths it is still pending...
i want to know if it exceeds 24 mounths so two years pending time after marriage will allow me to have directely a permannet green card
have a good day
2 Answers from Attorneys
Re: Green card
If your wife's visa petition that she filed for you (I-130) has been pending for an unreasonably long time, you should think about filing a mandamus in federal court to force the USCIS to adjudicate the I-130 petition.
Our office has experience with federal court litigation, including mandamus actions. Should you wish to consult with us, we would be happy to help.
Good luck!
Re: Green card
If your marriage took place within two years prior to the date permanent residence is conferred, your green card will be a conditional one and you would need to apply the condition removed two years from the date you become a lawful permanent resident. If your wife only filed I-130, the clock has not begun running yet for the two year period -- it only begins once you get your first, conditional green card (either through adjustment of status or through the grant of an immigrant visa). You do not count two years from the date of marriage for this purpose.
Get advice from an immigration attorney if you need guidance on this subject.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
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