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Green card waiting period

Berkeley, CA |

I am an Indian citizen and my spouse is Canadian. Currently I am on dependent visa under my husband visa category and have an open work permit( E2 dependent) working as financial analysis. I have heard that there is 5 years waiting period for green card to become current if you are Indian citizen. I have already applied for Canadian citizenship which I should be getting within next 10-12 months. I just would like to find out if there is different waiting time period for Canadian citizen as supposed to Indian citizen to get US green card. If my company applies for green card right now based on my current status as an Indian citizen. Can I switch it later under Canadian citizen category to skip waiting time period for green card that they have for Indian citizen.

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Attorney answers 2


If your spouse is born in Canada, you can seek Canada as your country of charge ability right away which will speed up the process tremendously.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.



No he was born in India but got Canadian citizenship in 2003


If your spouse was born in Canada, you can use Canada as your country of chargeability when you immigrant to the U.S.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.