Legal Question in Immigration Law in Texas

Green Card: Employment-based or family-based

Hello,

I'm an H1-B worker and I'm waiting to file for the I-485 to adjust status to Permanent Resident (my I-140 has already been approved, priority date is March 2003). At the same time I'm getting married to a US citizen. My question would be: once I get my employment-based green card, can I file the US citizen application after 3 years because I'm married to a US citizen, or does that 3-years period only apply for someone who receives Permanent Residency through family sponsorhip? Thank you.


Asked on 1/14/07, 12:37 pm

1 Answer from Attorneys
Carol Saliba Attorney at Law

Re: Green Card: Employment-based or family-based

Why don't you just file for your permanent residency through your USC wife? That would be much faster than waiting for your employment-based priority date to become current!

In any case, as long as you are married to a USC you can apply for citizenship after three years of being a permanent resident...it doesn't matter whether you got your LPR through marriage or employment. Good luck!

Carol Saliba

Attorney at Law

[email protected]

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Answered on 1/14/07, 5:12 pm


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