Can my Permanent Resident Husband apply for my Green Card?

H

Haya02

New Member
Hi everyone, please help me understand the situation of mine...

I came to US on a visit visa in 1995. After that i never left US and have been here ever since, i did apply for those Employment cards that INS gave away for 1 yr back in 1998, it was only valid for 1 yr, so i did work as well on that card, its now i got to know that those cards were actually AOS and i actually had applied for my AOS but after FOYA was done my application got abandoned somehow and no action was taken on my application anyway i got married in 1999 and My Husband got his Green card through employment in Apr 2008.

Now my question is can he apply for my Green card, because his lawyers say that he has to wait to apply for my GC becuz he would need to file a waiver for me, so i have to wait till he becomes a US citizen and only then he can apply for my GC,

isnt there anyway that he can apply for my GC now?? Plz advice

Thanks a lot
 
The lawyer is right he will have to wait to file your greencard because even if you got the waiver greencard does not give derivative the same as a U.S. Citizen would so you would have a 5 year wait anyway before a visa was available to you if you managed to get the waiver. Once he is a citizen your over stay will be forgiven and then you can adjust immediately but that is provided everything goes well since you are illegal as it stands and spouse status etc might come into it, also how did he get around your status on the Greencard, if he lied then he can in theory lose the green card.

Some one more qualified than me i.e. a lawyer would be able to help you but as it stands even if you get the waiver you have a 5 year wait for the GC through your husband
 
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