Permanent residents may immediately file for spouses

Categories: Immigration Lawyer Blog San Diego

Are you a permanent resident anxious to immigrate your spouse but have “heard” it is faster to wait for you to become a U.S. citizen.  For most people this advice is wrong.  Remember everyone’s case is not the same and there is no substitute for legal advice on your case but here are some general guidelines.

These persons should file immediately:  1)  If your spouse is overseas  and you are a permanent resident.  The sooner you file the sooner you get in line.  Beginning August 1, and we anticipate for at least the next two months, the FB-2a category is current so if you had done this your spouse would be finalizing their second stage process to immigrate. If you become a citizen while waiting the case can always be upgraded.  2) If your spouse is in the U.S. in a valid nonimmigrant status.  You are eligible to file a “one-stop” for permanent residency after August 1.

Who should not file immediately?   Beneficiaries who are in the U.S. with a legal entry but who failed to maintain their status.  When you become a U.S. citizen they can file in the U.S. without a trip abroad.  If you file sooner they will likely need a trip abroad unless eligible under one of the prior amnesty programs.