I came to the US on F1 visa and currently I am on OPT but my F1 visa is expiring this year in August and my OPT card is valid till DEC ' 13.
I have been married to USC since May 2012. Now, I would like to apply for a green card. What documents do I need to apply as we are planning to visit India this year in August. How long will it take to get my green card if i apply for it within this month.
I agree with Atty Behar's excellent answer. Do not travel unless you have been granted an advance parole.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
You will need to submit the Adjustment of Status (AOS) package, consisting of some Forms to be signed by your USC spouse and others by yourself.
By your USC spouse: Form I-130, G-325 A and Affidavit of Support on Form I-864. If USC cannot meet the income requirements him/herself (which, at only 125% of gov.'s "poverty" levels are not much to begin with, around $16K /yr for a household of 2), will then need to get a "co-sponsor" -can be one of the parents.
Forms to be filled out by yourself: I-485 AOS application; Form G-325A; I-65 Employment Authorization Application: and Form I-131 Advance Parole doc, to enable you to Tavel in and out while AOS is pending.
You will also need to undergo a green card specific medical exam at one of the USCIS designated "Civil Surgeons" in your area. For a list, consult www.uscis.gov
You will have your work permit and travel authorization issued within 2-3 months and will be called to the USCIS I televiewers within 4 months or so after having filed the AOS package with the NBC.
You'll need to bring to the USCIS interview a certified copy of our birth certificate & translation & certification by translator, if only In Hindi.
If you are able to file in the immediate future and the petition will be adjudicated in Milwaukee, there is a reasonable chance that the process would be completed in time for traveling in August, but that is only if the process goes very smoothly and encounters very little delay. Even then you are leaving it very close.
You have to options in this process. Go on www.uscis.gov, read the instructions and try to follow them to the letter, constantly praying you did not commit an error, or hiring an competent immigration attorney and enjoying peace of mind and neet and prompt process. If you decided to do that, look up right here on AVVO. There are many good people to chose from.
Get free answers from experienced attorneys.
26,613 answers this week
2,899 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary