When should my husband sponsor me? 3 Answers as of May 30, 2013

Hi, My husband and I got married in January 2013 outside USA. He is a green card holder living in USA since 2008. He applied in 2009 on the basis of asylum and received his green card in 2011. However, his green card shows the date of issuance as 2010. According to U.S. Code of Federal Regulations 8 C.F.R. section 209.2(f), will he get a roll-back of an year and then become eligible to apply for citizenship in 2014? Secondly, should he wait for attaining citizenship and then apply for spouse visa or should he apply as an LPR? I need your legal advice on what method would be quicker for me to come to USA? Thank you

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
The asylum roll-back is already reflected on your husband's green card (this is why it states "Resident since 2010" while, in fact, he received his LPR status in 2011), and he will not be eligible for naturalization until 2015. If he files a petition for you now, you will become eligible for an immigrant visa in about 2 years. It appears that, either way, you cannot get a green card before 2015. I would not, however, recommend to postpone filing the petition until your husband becomes a U.S. citizen: processing of an immigrant petition by the USCIS and by the National Visa Center of the Department of State takes well over a year; so it should be started as soon as possible. If your husband becomes a citizen before your priority date is reached, he can notify about it the agency that will be handling the case at the time, and have the case upgraded.
Answer Applies to: New York
Replied: 5/30/2013
Hakim, Daman & Toma, P.C. | Eman H. Jajonie-Daman
When a person's asylum is approved, they are issued a "white card", then they are eligible to apply for "green card" after 1 year, however, when the green card is issued, the person is given 1 year credit. So you count 5 years from date of issue on the green card to apply for citizenship. In other words, if your husband's green card issuance date (which is printed on the green card) is 2010, then he's eligible to apply for citizenship in 2015. I highly recommend he files your petition (Form I-130) immediately so you can hold a priority date. Your visa will be available in 2 years as a spouse of an LPR, so you should be able to come in 2015, and possibly even before he's eligible to apply for citizenship, which is never guaranteed.
Answer Applies to: Michigan
Replied: 5/28/2013
All American Immigration
All American Immigration | Tom Youngjohn
He can file a Form I-130 for you now, and, as soon as he's a US citizen, he can "upgrade" the petition by sending them a copy of his naturalization certificate and a copy of the I-130 Receipt Notice, or, if the I-130 has already been approved, a copy of that too. But it's always wise to get a second opinion.
Answer Applies to: Washington
Replied: 5/27/2013
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