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We display the original messages from Message Board (without any spelling corrections). We don't publish any names or contact information of the sender. This website is designed to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. Svetlana Schreiber & Associates does not intend to create an attorney-client relationship by offering this information, and anyone's review of the information shall not be deemed to create such a relationship. You should consult a lawyer if you have a legal matter requiring attention. For further information, please contact one of our lawyers.

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Subject: Green Card

Q. I have J1 status also my wife for few more months. Our employer would like to sponsor my for green card. My question is if I and my wife can work legally in USA after fileing my petition for green card? How long does it usually take to get Green card throught employment. Thank you

A1. The employment based immigration process is very complicated. There are several categories which describe skill levels necessary for the job. There are no visas currently available in the EB3 category. However, there are visas immediately available at the EB2 and EB1 level. If you and your job meet the criterions described at these levels, then you should be able to work with work authorization document within 9 months of starting the application (6 months for the labor certification process, and another 3 months for approval of the EAD once the immigrant visa and green card packets are filed with CIS). If you intend to do this in the US you will have to maintain your status. Also make sure that your J visa does not have a 2 year home stay requirement. Please urge your employer to use a competent immigration lawyer to do this application process. IT is very complicated and an innocent mistake can cause the rejection of the application. If you should consider hiring us, please send me an email at: svetlana@immigration-greencards.com or call Toll-Free: 877-256-1231.

Subject: Green Card

Q. Dear Svetlana. I spoke with lawyer yesterday and I would be in category "skilled worker". She told me that processing time could be 6 years to get GC. I do not have 2 year home stay requirement. But you said that there are no visa in this category available. Do you think there is no point to start the whole process as skilled worker? How it will be with my wife after fileing my application.

A1. Your lawyer's statement that there is a 6 year wait to get a green card mirrors my statment that there are no visas currently available in the EB3 category. However, if you have a BA and sufficient experience you can do the EB2 application, where visas are currently available. You need to find a means to remain here legally while the case is being processed. I am sure that you can rely on the advice of your lawyer. Your wife will maintain the same status as you. Please consult with your own attorney.

Subject: Deportation And Re-entry

Q. My cousin is awaiting deportation after his American wife divorced him and he became 'out of status'. When will he be able to travel back to the U.S.? He never committed a crime or anything like that.

A1. There is a 10 year bar after deportation. There is also a 10 year bar for people who have stayed in the US illegally for more that one year. However, if your cousin does not yet have a deportation order he should consider other forms of relief. He may, as a result of that marriage be 245i, which would entitle him to get his green card through other sources. Also if his wife abused him either psychologically or physically he may qualify for a visa under VAWA, the law which protects victims of domestic violence perpetrated by US citizen or permanent resident spouses. You should urge your causing to seek advice from a competent immigration lawyer.

Subject: GREEN CARD TIMES

Q. HOW LONG TAKES FOR SOMEONE MARRIEGE WITH A AMERICAN PERSON TO GET THE GREN CARD. AND HOW LONG TAKES FOR SOMEONE MARRIEGE WITH A PERMANENT RESIDENT TO GET THE GREN CARD.MY YOU TEL-ME IF THE TIMES ARE DIFERENT, AND WHY?

A1. There is a marked difference between a U.S.C. filing for a spouse and a LAR (green card holder). Congress has distinguished the visa categories for each of the two; the U.S.C. visa is immediately available, the green card holder has a 5 year wait. If you go to my web site, you will find a link to the Visa Bulletin which each month published the availability of visas. There you will ascertain that the LAR filed visa has a 5 year wait; that current priority date is 9 Sept '99, making it nearly a 7 year wait. I urge you to look at that visa bulletin, it will answer multiple questions. In conclusion the times are significantly different. Houston currently reports that they have a 4 month wait for processing an immigrant petition based on marriage. (also click on the proper buttons on my web site).

Subject: Interview Question

Q. I just received a letter for my first interview, i was wondering if they ask me a question regarding my out of status prior to being married, would that affect me? As i was out of status for 8 months before i got married and became AOS. Would this affect their decision on whether they give me a greencard or not.

A1. No, it does not matter how long you are out of status if you adjust status through marriage to a USC. Even your illegal work is waived.