sg 55
Jul 23, 2024
Can Green card holder sponsor asylum pending partner ?
Hello everyone, I need some immigration advice I am a GreenCard holder and my fiance has a pending asylum. We are getting married soon Can I sponsor him for his GreenCard ? I consulted few attorneys but they told me I can only sponsor him after getting citizenship Please let me know if anyone has idea about this or undergone similar process.. Thanks 🙂
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w s 🇨🇦🇺🇸Jul 23, 2024
you can sponsor him as a LPR but it’s going to take a long time. it’s way faster to do it when you’re a citizen. if there’s an overstay for him, then he would have to file for a waiver if you’re a LPR vs it would be forgiven if you’re a citizen. that’s what the lawyer could have been referring to, but I don’t know the whole circumstance. you can always file while you’re a LPR and then upgrade his case once you’re a citizen and it will get put on a fast track. best of luck! @sg 55
sg 55Jul 23, 2024
@w s 🇨🇦🇺🇸 what happens when the ĩ130 gets approved but I’m still a LPR? can I go ahead and file his i485 after approval of 130 or have to wait for citizenship ? i recently got my gc and have to wait 5 years to apply for citizenship. if my partner was not asylum seeker and had any other legal status I dint have to wait for citizenship? I am confused regarding this
w s 🇨🇦🇺🇸Jul 23, 2024
@sg 55 I am not an expert at LPR stuff because my husband is a USC. you apply for 130. once that is approved you wait for your priority date to be current and can apply for 485. I don’t know what his status has been but if he was ever out of status you can’t sponsor him as a LPR. go on USCIS page on Reddit and look this up there’s a million situations like this.
Right nowJul 23, 2024
after his 130 approval, submit to court for dismiss his case, then he can submit 485. but he need get a waiver for overstay. if you’re usc, then he doesn’t need to get waiver
sg 55Jul 23, 2024
thanks guys for all your input 🙂

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