Can I apply for my husbands residency and work permit at the same time that I apply for my citizenship? 3 Answers as of April 01, 2011I have been a resident for over 13 years and I got married a year and a half ago, I live in the US and he is still in Mexico, he works for a US company in Mexico and he got his visa through his employer. I’m going to apply for my citizenship and wondering if I can I apply for him at the same time?
Nicastro Piscopo, APLC | Louis M. Piscopo
Obtaining permanent residences (generally called a "Green Card") through a family member involves two steps. First, being petitioned by your family member. Second, applying for adjustment of status (if in the U.S. and eligible) or immigrant visa processing at the U.S. consulate in your home country. Not everyone is eligible to file for adjustment of status. Generally, a person must have legally entered the U.S., was admitted and inspected and is legal status to file adjustment. The two major exceptions are for spouses, parents and minor children of U.S. Citizen can be out of legal status and still adjust; and applicant's protected under INA Section 245(i) can also adjust. Since you are not yet a U.S. Citizen he cannot file for adjustment of status. While you can file a petition for him now, he would have to wait for file for adjustment of status (assuming he is in the U.S.). However, if he is not in the U.S. you can petition him now, upgrade it when you become a US Citizen, and they immigrant visa processing him in Mexico.
Answer Applies to: California