Richmond County, GA Immigration Law Firms & Lawyers

Generally, a foreign national who has become married to a U.S. citizen will be unable to re-enter the U.S. with a B1/B2 visitor's visa or with a C1/D visa, because immigration authorities will suspect he has "immigrant intent," i.e. an intention to remain permanently in the U.S., and immigrant intent is incompatible with those types of nonimmigrant (temporary) visas. This is true regardless of whether the U.S. citizen spouse has filed a Form I-130 application. It may be possible for you and your husband to go forward now with a marriage-based adjustment of status application process, which could include obtaining an Employment Authorization Document and Advance Parole (a "travel document") for use while the adjustment of status application remains pending. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant details, including your husband's immigration-related history and immigration-related goals, would be able to advise about eligibilities, options and strategies to attain those goals.

  With all due respect and with no pun intended, such case specific call for help should be addressed to an immigration lawyer who would be able to provide hands-on service, not virtual lawyer on one of the Internet's legal blogs. Here we can only tell you to continue doing what she is doing which is attend every appointment trying to establish she is a USC

You should not rely upon immigration legal advice you find in posts and blogs but instead you should reply only on immigration legal advice you receive from an immigration attorney who is thoroughly familiar with your situation, including history of applications. That said, it indeed is legally permissible to apply for a change of status from L1 to H1B.