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USCIS, immigration law, I-795 application, student visa, employment authorization

Milwaukee, WI |

If you filed for I-795 in 2005 but did not proceed with it and now your husband who is a US citizen wants to file for a green card for you, can he do so? Last entry to the US was on a student Visa.

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Attorney answers 1


As with any situation, you should consult an immigration lawyer. First, I'll assume that you mean an I-765 Application for Employment Authorization since as far as I know there is no I-795 form you can file.

In most cases, this will not present a problem since the I-765 is an application for employment authorization only and not for a nonimmigrant or immigrant status. However, any filing with immigration contains representation which needed to be true and based on a good-faith belief that you were entitled to the benefit sought - if you were applying for employment authorization you were entitled to or reasonably believed you were entitled to based on your status at the time (if you had entered as a student before this and were in F-1 status, there are a couple of different types of employment authorization you may have been entitled to depending upon your circumstances). If you weren't on an F-1 in 2005 when you filed the I-765, your entitlement for employment authorization based on the status you were in needs to be evaluated.

The timing of your marriage in relation to your last entry in student status should also be evaluated by a lawyer, since this sometimes presents issues.

Again, speak with a lawyer - in most cases this will be possible, but the situation needs to be reviewed by a lawyer.