Calhoun, GA Immigration Law Firms & Lawyers

A Form I-485 Application for Adjustment of Status may be filed only when an immigrant visa is "currently available" for the beneficiary. For spouses of U.S. citizens, visas are "currently available," but for spouses of Permanent Residents, there is a backlog for visas. The Visa Bulletin issued monthly by the U.S. Department of State shows the "Priority Dates" for each visa category. The June, 2015 Visa Bulletin shows that for spouses of Permanent Residents visas are currently available for those with Priority Dates of May 1, 2012 or earlier (but the date is March 15, 2011) for Mexican nationals). The filing (and even approval) of a Form I-130 Petition for Relative Alien does not grant authorization to remain in the U.S. and does not grant employment authorization. Until you are able to file a Form I-485 your husband must have other authorization (such as from a visa in the E3 category for Australians in certain specialty occupations) to remain lawfully present in the U.S., and must have other authorization (such as from an E3 visa) for employment. The mere filing of a Form I-485 application will not create authorization for employment, but concurrently with that application your husband would be able to file an application for an Employment Authorization Document (an "EAD"). The USCIS issues EADs within 90 days of filing, and the EAD may be used for any lawful employment, including employment unrelated to the E3 visa.

Since your wife became a Permanent Resident only approximately 18 months ago, it will take some time before she will become eligible to petition to become a naturalized citizen - in most cases the spouse of a U.S. citizen may file for naturalization as early as 90 days before the end of three years from the date of becoming a Permanent Resident. At that time, the employment status of the applicant's husband should be irrelevant. Of course, there are many other details that impact naturalization eligibility. When approaching the time for filing an application, it would be wise for your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain her goals, and who then could offer legal representation in the often complex application process.