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If i am a permanent resident and i petion for my husband form I-130? MPlease le me know if my husband has to leave US?

Bronx, NY |

His status is a visitor as of right now and his I-194 will expire next month. Please let me know if he has to go back home?
Thank You

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Attorney answers 3


Yes, unless he adjusts his status to another nonimmigrant visa category or files an extension that is approved.

If you are eligible to be a U.S. citizen, you may apply for U.S. citizenship and once approved, file petition for your husband as an immediate relative. It will take a lot less time than waiting years for a visa number to be available under your green card status.

For more information, contact our Immigration Law Firm for a confidential consultation.

Good luck to you.

Immigration Legal Team
Bogle & Chang, LLC
Phone: (800) 342-1733 ext. 101


Yes he will. If he falls out of status, he will not be able to adjust his status once his priority date becomes current.

The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


Yes he will unless he can change his status to H-1B professional worker or L-1 intracompany transferee. The process of getting a green card through marriage to a permanent resident takes 4 years.

However, if you become a U.S. citizen, he can get his green card without leaving the U.S.

Please see

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation, telephonic or in-person, by an attorney experienced in immigration law. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.

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