Legal Question in Immigration Law in New York

The reason she has not been called for an interview, is that you have not filed her application for permanent residence yet (Form I-485) and will not be able to do so until a visa number becomes available for her or until you become a citizen. Note that if your wife has overstayed her visa, and you do not become a citizen at the time she is eligible to adjust status (apply for permanent residence), it is unlikely, based on the information you've provided, that she will be able to do so in the US. Before filing any additional applications with USCIS, you and your wife should consult with an immigration attorney.

Yes, you having a permanent resident status has a lot to do with the fact that your I-130 is pending for over a year.

Current priority dates for wives of LPRs is at least 4 years. Even if I-130 is approved in a year or two, she will not be able to adjust status until you become a USA citizen (assuming that she is out-of-status in USA) or until her priority date is current (in 4 years).

During the pendency of I-130 petition, a wife of LPR is not allowed to remain in USA unless she has some long-term non-immigrant visa (such as, Student or Work visa). Yes, she is not allowed to work or travel internationally, and in general to live in USA while the I-130 pending (4-5 years).

If you�d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know, and I�d be glad to help you: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Filing for green card for your spouse is different when you are a Legal Permanent Resident than when you are a US citizen. The dates for spouses of Legal Permanent Residents are not current. Moreover, if your spouse is currently out of status, you may need to wait till you become a US citizen for her to adjust status.

Please note that this legal information should not be considered as legal advice. If you have more (specific) questions, please do not hesitate to contact our office for a consultation. You can visit our website http://www.parwanilawfirm.com for further details.

I would need additional information regarding your particular case before I could comment on it properly.

However, what I can say is it is not because you are a permanent resident that immigration has not responded.

Immigration deals with applications they receive in the order they receive them.

There is at least a 12 to 18 month delay based on their work load.

Patricia Martin-Gibbons