Hi super lawyers, so i just got married to my partner, we both lesbians and am looking to do a change of status to become legal, get a green card as well as a working permit but i do not have the slightest clue on where to start or what paper to file first and what i need to provide the USCIS , i heard i could get a working permit in as little as 30days, i live in california and intend to do my filing here which is where we also got married.
Need your advice, thank you.
Hello. There are 6-8 forms that need to be submitted in order to adjust status. Be sure to have an attorney discuss your case with you and evaluate your eligibility. There is a reason that most couples you will see on the day of your interview at USCIS will have an attorney accompanying them, namely, to ensure their rights are upheld. To give you an idea of the timeframe, the work permit is typically issued 60-90 days after filing, and at the Los Angeles District Office, they are now scheduling interviews about 4-7 months after filing. Best of luck.
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Whether or not you can file for adjustment of status is going to depend on your manner of entry into the United States or if you are covered under 245i. There are many forms and before you attempt any it would be wise to consult an attorney to make sure you are in fact eligible. You don't wan to waste money, time or get your self into trouble. Generally, if you entered legally and have no criminal conduct, you should be eligible.
Congratulations on getting married! Now that same-sex couples are also eligible for immigration benefits, the US citizen spouse May petition for the foreign national spouse. Here in Los Angeles the whole process takes on average 2.5-5 months, and the employment authorization document may be issued meanwhile. This is a complex legal process, and hiring an immigration attorney is strongly recommended. Many of us offer free initial consultations, and I urge you to take an advantage of that. Again, congratulations and best wishes!
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