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Immigration Issues/Green Card holder marrying OPT

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Question
Hi, my name is Jessica, I am from Brazil and I have been a green card holder since March of 2005. I am currently engaged with a OPT holder, he just got his Dr degree and has offers to apply for his h1. We've got questions about how he could get residency and what is the best way to deal with it. We have heard that if he marries me he wouldn't be allowed to travel outside of the country. How long would that be for if it is true? And what is the best way to do it?

Answer
Jessica,
Marriage to a permanent resident will not allow your future spouse to become a permanent resident immediately. It would take around 4 years for him to obtain his permanent residency.  I would suggest that in addition to applying under the family-based, he should also apply through his employment.
If he marries you during his F-1 status, he would have difficulty re-entering the US on F visa. However, once he changes to H visa which is a dual intent visa, there will be no such restrictions.
Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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