Perryton, TX Immigration Law Firms & Lawyers

Whether you can file for I-485 and I-765 once you have your I-130 petition approved depends upon whether there is immediate visa availability. If you are a child under the age of 21 and unmarried of a lawful permanent resident, you would generally be able to file for I- 485/I-765 if inspected and admitted or paroled and in addition have maintained status under the LPR sponsorship. However, if you are in the other categories, you would have to check the visa charts to see whether your priority date has been passed and the visa available in order that you can file. In checking the visa charts, you would also have to look at the USCIS acceptance chart to see whether it will accept either the “final action dates” or “filing dates” chart on the monthly visa bulletin for purposes of allowing adjustment of status filings. If able to file both forms, current processing time for I-485's is generally a little less than a year on a nationwide average and for I-765 3-6 months. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence

If he married you fraudulently you can report it to USCIS. If he remains out of the U.S. for more than 6 months, he will risk losing his green card. After two years he must petition to remove the conditions of residence. He will need you to petition with him unless he has been divorced or a victim of abuse, so you will have a chance to prevent his permanent residence at that time, as well.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Briefly, if he has his green card, has been a Permanent Resident for at least 5 years (3 years if he received his green card through marriage to a U.S. Citizen), has no criminal conviction and can show good moral conduct for the preceding 5 years, and has not been out of the country for more than 2 years (cumulative) during the preceding 5 years, he would be eligible for citizenship. I suggest that he contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his situation. He/she would then be in a better position to analyze his case, advise him of his options and make sure that the necessary paperwork and documentation is presented so as not to delay the process.