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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
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Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Hello, My husband and I got married in August, our greencard

Resolved Question:

Hello,
My husband and I got married in August, our greencard application was received in the end of August. He is a NZ resident working for a company he has worked with for 10 years on an L1 visa. We are in a custody battle for his 4 year old son, and if he were able to work closer to home, it would be a huge relief. He has a job waiting for him, but we aren't sure what we need to do to get him able to work. It looks like we have as much as an 11 month wait for processing the greencard. Any advice?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 8 months ago.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

So just to be sure I understand correctly, are you saying he wants to leave the u.s. as soon as possible to go back to his country?
If yes, he wants to get his green card before he leaves the u.s.?
How long does he plan to live outside the u.s.?
Customer: replied 8 months ago.

No, he needs to work here locally, in washington, and we need to know what we can do to speed up him being able to work here. His L1 visa is only for the company he works for now. Right now he works for a company out of alabama that requires him to be on the road all the time.

Expert:  Georgetown Lawyer replied 8 months ago.
Ok, thanks so much for the clarification. When did he file the I-765?
Customer: replied 8 months ago.

All we have filed is the 1-130 and that was in the end of August

Expert:  Georgetown Lawyer replied 8 months ago.
Ah, there is the problem. If you are a u.s. citizen you do not just have to file the I-130. He should have also filed the I-485 adjustment of status and I-765 work authorization along with the I-130. If you are a u.s. citizen he didn't have to wait to file these application. Once he files the work authorization (the I-485 must be filed with it and the fee for the work authorization is included in the I-485 fee) he will get his work authorization 30-90 days after filing. that allows him to work while he waits for his green card.

If he had filed that in August, he would have had his work authorization by now or in a few weeks. So that is what needs to be done at this point and he will get his work authorization (EAD) in 30-90 days after filing. He can then leave his L1 employer and work on the EAD until he gets his green card. I hope this helps clarify.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!
Customer: replied 8 months ago.

are those the only two forms that need to be filled out?

Expert:  Georgetown Lawyer replied 8 months ago.
Each form has instructions and will give you any other form that has to be filled out with it. The other form is the I-864 affidavit of support, which has to be completed by you. Be sure to read the instructions carefully as you did the I-130 instructions and send in the required documents. I hope this helps clarify. Thanks and kind regards.
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12039
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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