Pennsauken, NJ Immigration Law Firms & Lawyers

Assuming you are a a US citizen, he is eligible to adjust status immediately despite overstaying his visa. He will not have to leave the country. If you are a permanent resident, it will take a few years for a visa to become available, but you should apply immediately. I highly recommend consulting with and retaining an attorney to take you through the process. While it may seem simple, it is not. One mistake could delay the petition for a long time or result in denial of the petition. This is especially true if there are any complicating facts. I offer free phone consultations.

As a general matter, it sounds like you are in valid status on an H-1B visa. You can apply for a green card now via your marriage to your wife. If married under two years when the case is determined, you will get only a two year green card that you can then extend later. It sounds like you are trying to wait until then to file, in order to get the ten year card. That is an option. Once you file for a green card in the US, you are given status under that. You are able to work on your H-1B as long as it is still valid and you don't violate any of the terms for that visa. At the same time, you apply for a work card that arrives 90 days after your green card is pending. You can then work on that as well.

A petitioner does not need to be working at all in order to file. If your mother is abroad, then at a later date when the affidavit of support must be filed, if your income is zero or insufficient, a qualified co-sponsor can be used.