Florence, CO Immigration Law Firms & Lawyers

If the individual remained outside the United States because he himself had an illness which kept him from returning to the States, he could conceivably apply for a special immigrant visa at the American consular post. If the green card is not yet expired, he may also think about taking a chance and attempting to reenter the US and explaining his situation to the Customs and Border Protection official that he meets at the port of entry. If sympathetic, CBP may allow him to apply for a waiver to enter the country. If not sympathetic, he would be asked to surrender the green card and go home or see the immigration court. His other alternative is to have his US citizen wife reapply for his green card on form I-130.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

If you are a USC, you can file a visa petition for your spouse, and depending upon her manner of entry into the US, she may be able to apply for adjustment of status. If you are not a USC, her USC parents may be able to petition for her. She should consult an immigration attorney.

As long as your case is still showing it is pending and neither you nor your spouse has moved the delay will not hurt you. Be sure to notify USCIS of any moves. If you naturalize the case can be upgraded to immediate relative and then it would be important to push for adjudication or even better just file for adjustment and let USCIS retrieve the file from Vermont.