Edison, NJ Immigration Law Firms & Lawyers

PERM labor certification completion is usually a large part of an employment-based green card case, but that phase is not the complete case in itself. The I-140 stage tests whether the petitioner is financially viable and whether the beneficiary is qualified for his or her own labor certification. In your case, the complication appears to be whether your educational qualifications meet the requirements of the labor certification. 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.

The facts you have mentioned may make the case difficult but if the marriage is "bona fide" (and your husband has a joint sponsor and you can overcome the allegation of preconceived intent) then there should be hope for the case to ultimately be approved by the USCIS.

Hello, If you are a U.S. citizen and your wife entered the U.S. lawfully, you would be able to apply for her legal permanent resident status. The process should take less than a year and she will be given a conditional resident status if you have been married for less than 2 years at the time her application is approved. This conditional resident status is good for two years, and at least 3 months before its expiration, you will need to apply for her permanent green card. It is important to speak to an experienced immigration lawyer in your local city, show them proof of her legal entry, and discuss her immigration and criminal history, if any, as these may affect her application. Good Luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific situation, please contact your immigration lawyer.