Tell me sincerely, what are the options for the spouse of an American Citizen to become a Permanent Resident?

Asked over 2 years ago - San Antonio, TX

The American Citizen spouse has petition for her/his spouse for an Adjustment of Status more than 10 years ago. Work Permit & SSN were granted for a few years, but now Passport, Work Permit & ID Card are all expired. But the couple are still married and have a child.
So, please tell me sincerely, what are the options for the non-American Citizen (with expired papers) to re-apply for a Work Permit and/or a Green Card? Or some kind of legal papers?

Thank you for your help.

Attorney answers (5)

  1. Rebecca T White

    Contributor Level 15

    4

    Lawyers agree

    Answered . You should bring all of the documents and papers in to an immigration attorney for review. It is not clear from your question if the I-130 and I-485/adjustment application were filed ten years ago and a greencard was granted, or if there was some other result.

    It sounds as though a greencard was never issued, however. There is likely a way to bring everything in order, but a full review of the situation is very important.

  2. Neil Ian Fleischer

    Contributor Level 20

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . If they are still married, it should not be an issue to re-apply again. However several key facts are left out of your question thus you should contact a lawyer to help

    For more immigration information, please visit www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. Haroen Calehr

    Pro

    Contributor Level 17

    Answered . What happened with your previous application? Do you still have the old receipt for the green card (I-485) application? In the top left corner there should be a receipt number startinf with either WAC,CSC,NBC,VSC,NSC or SRC and some numbers. go to www.uscis.gov and click on check my status and then enter this number. This should pull up your wife's old case with some limited info. You see her case may have been abandoned. Its important though to know what happened. For all you know, immigration could have denied her case for your failure to appear at the interview and then send her case to court, (issued a charging document called an NTA-Notice to Appear with fact and legal specific charges). Therefore, its important to consult with a competent immigration attorney and figure out what happened to that old case. Whats also important to know is what happened to that old case since this will determine and dictate your future move and re-application for her. Did she legally enter the US or was she what is called "EWI"-Entry without Inspection, i.e. did she come to the US with a visa, or was she waived through at a land border by the Custom and Border Procetion Officers when she first came to the US? These are all pertinent questions that a competent immigration attorney can quiz you on and help you attempt to get her status straightened out. Good luck.

  4. Suzan deSeguin-Hons

    Contributor Level 13

    2

    Lawyers agree

    Answered . It is not clear exactly what has happened and why the spouse never received permanent residence. It may be simple to reapply, but the couple should not do so until speaking with an immigration lawyer who will inquiry about the complete immigration history and, if applicable, any criminal history.

    Colorado 303.442.8554/New Mexico 505.819.3303/ Ms DeSeguin’s statement is general in nature, is not intended as... more
  5. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Without knowing the facts, it is impossible to answer the question.

    You need to retain an experienced immigration lawyer to review all the facts, including everything that has been filed, and everything that INS/USCIS has sent you, in order to answer the question.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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