Can a green card holder keeps his spouse in usa while he petitions with 130 form? 12 Answers as of June 07, 2012

i a green card holder married a gal who came in tourist visa, so i dont want her to go and wait for 3 years so can i petition for her while she is in usa n when her visa expires in 3 weeks can she still stay

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Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
You can petition for your spouse while you are still a permanent resident. However, she won't be able to adjust her status in the US unless you become a citizen first. Until she submits her application for adjustment of status in about 3-4 years when her priority date becomes current, she will have no legal status to remain in the US.
Answer Applies to: Texas
Replied: 6/7/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
The spouse will go out of status. It would be better for you to apply for naturalization. *Naturalization Application* The Naturalization Application must be filed. If done properly, it will take a few months to receive the fingerprinting notice, and then several more months to receive the naturalization interview to obtain U.S. Citizenship. Shortly thereafter, if approved, you will have the swearing in ceremony to become a U.S. Citizen. Please note that many people find themselves getting the application denied or being placed into deportation/removal proceedings because of past conduct.
Answer Applies to: California
Replied: 5/29/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your spouse will not be able to adjust her status in the United States if she has accrued unlawful presence. You are not a U.S. citizen so your wife cannot adjust her status without being in a valid immigration status. She should return to her country and wait for processing. The case will be moved up to a immediate relative if you become a U.S. citizen.
Answer Applies to: New York
Replied: 5/25/2012
Mayo Mallette PLLC
Mayo Mallette PLLC | Thomas J. Rosser
No. Unfortunately, only spouses of US Citizens (not LPR's) are able to petition immediately for their alien spouses on a concurrent basis that includes the ability to remain in the US while the adjustment of status process runs its course. Lawful permanent residents ('Green card holders") are subject to the immigrant visa quotas and a waiting period due to current oversubscription for the availability of immigrant visas for spouses based upon priority dates established by the initial filing of the I-130 as a "stand-alone" petition (as reflected in the USDOS Monthly Visa Bulletin). Your spouse would fall into the F2A classification - "Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents" (for which immigrant visas are becoming available to priority dates of 01 January 2010 or earlier as reflected in the June 2012 Visa Bulletin).
Answer Applies to: Mississippi
Replied: 5/25/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Not legally. You filing the I-130 does not confer any immigration benefits upon the spouse so if she stays in the US, she does so unlawfully and is subject to removal.
Answer Applies to: California
Replied: 5/25/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    No she will not be able to stay and change her status here when her visa becomes available. She needs status in order to change status in the US. By the time her visa becomes available, she will have lost her status. The opposite result will happen if you became a USC, i.e., she will be forgiven the overstaying as long as she initially entered legally.
    Answer Applies to: California
    Replied: 5/25/2012
    Elkhalil Law Firm, LLC
    Elkhalil Law Firm, LLC | Hassan Elkhalil
    She can continue to request an extension of her B visa until her petition is approved. Although this scenario is difficult because the USCIS will most likely deny her second request for extension. If she stays here without the extension, overstay her visa, when her visa become available she may still be able to adjust her status but she may need to file for a waiver.
    Answer Applies to: Georgia
    Replied: 5/25/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    No she cannot. ?She will need to maintain her status through the extension of stay or change status to other visa?category, if she is eligible. ?failure to maintain her status may hurt her chance to adjust her status later unless you become a US citizen.
    Answer Applies to: California
    Replied: 5/24/2012
    Law Office of Bijal Jani | Bijal Jani
    A permanent resident may petition for a spouse but considering the fact that she is on a temporary visa, she must leave the country when her visa expires while the petition gets processed.Otherwise, she would be determined to be out of status once her temporary visa expires and your I-130 petition is still being processed.
    Answer Applies to: New York
    Replied: 5/23/2012
    All American Immigration
    All American Immigration | Tom Youngjohn
    Not legally. You should talk to an immigration attorney.
    Answer Applies to: Washington
    Replied: 5/23/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    The filing of and even approval of a Form I-130 Petition for Relative Alien does not create an immigration benefit such as a right to travel to or to remain in the U.S. The spouse of a Lawful Permanent Resident (holder of a "Green Card") is considered to be in the Family-Based Second Preference Visa Category, for which the backlog of visas for people from most countries is more than two years. If you were to file a Form I-130 now, you would be ineligible to file a Form I-485 Application for Adjustment of status until the Priority Date became "current," and during that wait your spouse would be unlawfully present. Generally, an adult who is unlawfully present in the U.S. for more than a year not only will be ineligible to adjust status inside the U.S., but also will become subject to a 10-year bar to re-entering the U.S. An exception exists for a spouse of a U.S. citizen, who will be able to adjust status in the U.S. notwithstanding having overstayed a visa for a very long time. There are some advantages and disadvantages to filing a Form 1-130 at this time under the circumstances you described, rather than waiting to file until after you become a naturalized citizen. It would be wise to engage an immigration attorney to review your and your spouse's situations in more detail and to advise you about options.
    Answer Applies to: Georgia
    Replied: 5/23/2012
    Immigration Attorneys, LLP | Robert R. Gard
    Generally, not legally. While you can certainly file an immigrant visa petition, and the petition may be approved, unless covered by INA Section 245 (i) or similar exceptions, a beneficiary may not remain in the U.S. awaiting immigrant visa availability that may be delayed due to numerical limitations mandated by law for other than immediate relative (Spouses, parents or unmarried/under 21 child of U.S. citizen.)
    Answer Applies to: Illinois
    Replied: 5/23/2012
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