Can my husband get 10years Green Card or first conditional Green Card is always given if approved?

I am GC holder 5 years.Now I am applying for my citizenship.I got married a year ago.I did not apply for my husband's green card yet (waiting for my citizenship). My husband is here 6 years overstaying his B-1 visa (with inspection on airport). I hope I will be a citizen with the end of this year so few months after it will be our second anniversary (April 2013). If I apply for my husband's green card in the beginning of next year is it possible for him to get 10 years green card on his interview day or he could get conditional GC first?. Does two years of marriage have to be with CITIZEN or two years of marriage at all? Thank you for answer :)

Flushing, NY -

Attorney Answers (5)

Isaul Verdin

Isaul Verdin

Immigration Attorney - Dallas, TX

Two years of total marriage is sufficient for 10 year permanent residency. Best of luck.

Inara Khashmati

Inara Khashmati

Immigration Attorney - Maspeth, NY

He will if at the time of the interview you are married for 2 years. Make sure you tell the officer that. But I do suggest hiring a lawyer to help you with the process. Good luck!

Robert West

Robert West

Immigration Attorney - Las Vegas, NV

2 years married at the time of approval = 10 year permanent card.

Neil Ian Fleischer

Neil Ian Fleischer

Immigration Attorney - Cincinnati, OH

I agree with the other attorneys

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more
Jeffrey Adam Devore

Jeffrey Adam Devore

Immigration Attorney - West Palm Beach, FL

If you are married for more than 2 years at the time your husband is granted permanent residence then he will be issued a permanent card. Your immigration status (LPR v. USC) is irrelevant to the determination.

I would think long and hard about waiting to apply for your husband until you become a U.S. citizen. While you may not foresee any problems with your naturalization application, I have seen many instances where an application for naturalization is denied and the failure to have previously petitioned for the alien spouse is quite detrimental due to loss of all the time that has transpired which could have been included had a priority date been established.

Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Skype: jeffrey.a.devore

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