AskMyLawyer: Green Card Holder Immigrating a Foreign Spouse?

In this segment of AskMyLawyer we address issues relating to Green Card holders trying to immigrate their spouse. t is possible to immigrate a foreign spouse even if you are a permanent resident of the U.S. However, there will be a 3 year hold placed on the case currently, plus processing time of several months. The Wife in this case will need to maintain her student status while the application, i-130 is pending.

lawful permanent resident or a Green Card holder is a foreign national who has been granted the privilege of permanently living and working in the United States of America.

If you are a lawful permanent resident in the United States, you can apply a green card for your relative (spouse and unmarried children) to become a lawful permanent resident.

There are two subcategories in this immigration preference known as “second preference”. Preference 2A is for spouses or unmarried children under age 21 of permanent residents, and preference 2B is set aside for unmarried children of 21 years of age or older.

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