I suggest you consult with an experienced immigration attorney to understand the risks. The visa bulletin for August and September show that visas are current for spouses of legal permanent residents. If properly filed and there are no delays, it takes three months for USCIS to process employment authorization. Understand the risks and process before you file.
714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.
Assuming an I-485 can and is filed, and the I-765 is filed with the I-485, it will take up to 90 days from the date of filing.
The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari
Eng & Nishimura
The statement above is general in nature and does not constitute legal advice, 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.
Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with Mr. Pineda. If you property file the immigrant petition and application for green card by the end of September, your husband may not have to maintain his student status. However, there are some risks involved, so you should definitely consult an experienced immigration attorney immediately and see if your husband can be benefited from the recent progress in the F2A preference category.
Law Office of Brian H. Lee, San Jose, California, 408.246.6710
This is general information, not legal advice. This does not establish any attorney client relationship.