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Music and Art at the Ukrainian Institute of America
Posted by Romana on August 30, 2004 at 01:57:33:
In Reply to: Re: Sponsoring for the Green Card posted by Tatiana Durbak on August 29, 2004 at 20:00:29:
: : : Current priority date for spouse of Permanent Resident is April of 2000. That means after you submit I-130 and get a priority date it will be at least two and a half years unless they reduce the backlog. Once visa number is available, husband must complete consular processing in the country he resides.
: : Hi Ken!
: : Thank you so much for your reply.
: : My son-in-law is in the USA.
: : May be you know when he will get the SS number and employment authorization card after my daughter will fill out I-130 form?
: Romana --
: If a person who is married to a lawful permanent resident (LPR) is in the US in legal non-immigrant status (ie if the date on that person's I-94 has not passed), that person must remain in valid status until the priority date on the I-130 of the LPR becomes current.
: If the person is not in lawful nonimmigrant status, then he will be able to apply for permanent residence only after the LPR gets citizenship. This is so, because spouses of LPRs fall into the category of "immediate relatives," and immediate relatives may apply for permanent residence in the US, even if they have fallen out of lawful non-immigrant status before the time of applying for permanent residence.
: As Ken said, people can't apply for employment authorization just because someone has filed an I-130 on their behalf. Unless a person is eligible for employment authorization on some other basis, it's usually necessary to wait until one applies for permanent residence (adjustment of status).
: As of Sept 1, 2004, the current priority date is April 15, 2000. If an LPR files an I-130 on Sept 1, the beneficiary of that I-130 will have to wait about about 3 1/2 years. It's very possible that the time will be even longer, unless the quota numbers are increased, or unless many spouses of LPRs for whom I-130s have been filed will decide not to apply for visas and/or adjust to permanent resident status.
Thank you Mrs.Durbak and Ken!
It is so great to get response from highly educated people, who know the law and are willing to help and share their knowledge with others.
God Bless You!
With all respect, Romana.
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