pv pppp
Aug 22, 2021
Citizenship
Hi I am a green card holder and I have already applied for my husband‘s paperwork he is an F1 and I applied for adjustment of status and work permit His case is ready to be scheduled for an interview however we haven’t received EAD card or a Interview letter but now I am also due for my citizenship since it’s already been five years in US for me I was wondering if I should apply for my citizenship is it going to delay my husband‘s process. please let me know thank you!
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Realler BoatAug 22, 2021
To the best of my knowledge it shouldn't have any effect if it will, should be positive
B AAug 22, 2021
citizenship will speed up ur husband case
kay lawAug 23, 2021
The above answers are correct. Once you become a citizen and he's still being processing as F1 he will be moved from that category to Immediate family preference which means a visa is readily available for him.
Jenn PAug 23, 2021
so a green card holder has the right to apply for work permit and adjust status for their spouse too? I thought only us citizenship could've done that please let me know cuz because I'm in that same situation i need to know
pv ppppAug 23, 2021
yes ! you can apply fir your husband. in my case my husand has mainted his F1 status and he’s still maintaining it.
pv ppppAug 23, 2021
my husband didn’t over stay or anything so we didn’t have any issues his records and my were clear so we didn’t had to worry too much other than getting EAD card and travel permit soon so he can work and we can go back to our home country!
kay lawAug 23, 2021
@Jenn. If you're a GC holder and your spouse lives inside the US with you, and you've petitioned for him, Yes! You can adjust status after USCIS has approved your I-130, however, you must wait until he is eligible to file his I-485 before he can apply for a work permit. If the spouse lives outside the US then he would go through a process called 'Consular Processing' when you filed I-130. Adjustment of status isn't needed nor a work permit can be filed. Sam K can correct me if I'm wrong! .
O DavidAug 23, 2021
Jenn K; yes you as a GC holder can petition for your spouse but your spouse beneficiary must have a valid visa status through which they came to the US. If he is a student, he must have a valid student status. And if he is in the US on a B1 or any other non-immigrant visa, his I-94 entry stamp duration must still be valid meaning he must not have overstayed the time granted him to stay in the US. This i-94 entry record validity requirement is waived if the petitioner is a US citizen.
Jenn PAug 23, 2021
@kay law thank you for your answer and yes that's the same thing I thought but she didn't mentioned if she waited for the I 130 to be approved before she applied for adjustment of status so I thought that she did it all at once just like when you're a US citizen you can send everything at one time without having to wait for the approval of the I 130
Jenn PAug 23, 2021
@O David thanks but my spouse does not have a valid I 94 we were planning to get married end of this year because I have a pending n400 I was hoping to because I citizen as soon as possible so that I can petition for him after the wedding but not his situation got complicated because he just got a notice to appear to court but his first hearing is in Feb 2022 so now I don't know if I should get married as soon as possible and try to apply for the I 130 and hope to get an approval or hopefully I can become a citizen in the process and speed things up before the judge order him deportation
Jenn PAug 23, 2021
I consulted some attorney they told me that it would've been better for him if I was already a citizen since we've been living together for almost two years we can proof that our marriage is not fraud but because I'm afraid that they might still deport him because I'm not a citizen yet
O DavidAug 23, 2021
@Jenn; you need to consult an attorney to throw in an asylum application for him right before February 2022 . That usually freezes the deportation proceeding because the court will want to hear his asylum claim first. Then the court will give him a new hearing date which is usually like a year’s time. Hopefully, you would have become a US citizen before the new hearing date. I hope he doesn’t have any criminal record.
Jenn PAug 23, 2021
you can only apply for asylum before your one-year anniversary of living inside the US he has been here since 2015 so there's no way and he did applied for asylum when he first came but he missed an interview so they decided to denied his asylum without sending a new interview date. he didn't mean to missed the interview because he had never received to notice in the mail when he contacted uscis they told him that the notice was returned to them as an undeliverable mail and yes we contacted a few attorneys but none of them give us hope that getting married can stop the deportation they only solution is if I come a citizen and speed things up
O DavidAug 23, 2021
there is an exception to the 1-year rule. Anywayz, let him appeal the asylum denial on the ground that the notice was not received. The court can reopen the asylum case and look at the merit. Don’t forget that whether they approve the asylum or not is not really important. What matters is you guys being able to buy more time till you become a citizen. If he appeals the denial, the court may give him a long hearing date and before the day comes, you would have become a citizen. On his hearing date in February 2022 let him go with responsible people including you who can attest to his good character and all. The judge will normally not grant a deportation order on the first hearing date. As long as he does not have any criminal record, the court will not be hasty to deport him. He only missed a USCIS asylum interview owing to the fact that he didn’t get a notice of the interview right? That should not be an automatic deportation as long as the person has not committed a deportable crime.
Jenn PAug 23, 2021
thank you so much sir and not only they told him on the phone that the notice was never delivered they also mailed him the letter stating that your interview notice was returned to us as an undeliverable mail and we still have this letter till today so that's a solid proof that he never received it and can ask for reopen. with that being said I'll go to the courthouse first thing today so we both can apply for the marriage license and get this done quick because if the next hearing will be in a year or so I'll definitely become a citizen by then thank you
Jenn PAug 23, 2021
and forgot to mention he also has a pending TPS case which he just applied for because he is Haiti so hopefully he'll get an approval before feburary
O DavidAug 23, 2021
@Jenn, yeah you can reopen it with USCIS but I think the time to reopen is usually 30 days after denial. And if that 30days has passed, you guys need to appeal the denial in court so that the judge can freeze the deportation proceeding. It is the appeal that freezes the deportation proceeding. Usually, his entire case (both his deportation proceeding and the new appeal) would be merged and the court will hear it together. However, the court will first hear the appeal part before looking into the deportation issue because if his appeal is granted, the deportation is automatically ended. Yes, you can get married to him now but be prepared to go to any extent to help him out. And make sure he is telling you the whole truth about his immigration journey. When he goes to court in February 2022, the judge will see likely notice you as his wife and that speaks to his character. Your parents or pastor or any other responsible person can also follow him to court. Like I said, as long as his record is clean, the judge will not be quick to deport him.
Jenn PAug 23, 2021
I understand and he is not just someone I just met he's like a family friend I knew the whole process from start to when we starting dating until today the only problem is that I was waiting until was eligible for naturalization to do the right thing and BOOM this happened no never received a denial letter from them what we have us the denial letter for his work authorization for asylum case stating that they denial the work permit because he didn't show up to his interview and when he called to let them know that he never received a interview notice that's when they confirmed that they see that he never got it because it was returned to them so went only to put in a e request and after like a week we received the letter stating that the letter was returned as undeliverable mail and after we got nothing from them that was back in 2018 he got that last letter so because they never sent him anything else he told that they automatically considered the case as abandoned and close it until after he sent in his TPS application in they send him the notice to appear stating that he never showed up for his interview and overstayed his visa and so on
pv ppppAug 23, 2021
@jenn k I didn’t have to wait for any approval. I applied everything at once. my husband never over stayed nor did he mess up his school status. yes I did apply for everything at once. we just got his fingerprint done, later that week his status was updated to interview ready to be scheduled. but now we are waiting for his work permit and interview letter.
Bella kokAug 24, 2021
what’s your pd?
pv ppppAug 24, 2021
@Ay Aj Potomac Service Center
