Immigration Issues/follow to join

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Question
My husband is a Greencard holder and we were married before he applied. I am based in India and we are planning to now apply for follow to join immigration for my son and myself.
1.How long can we expect the process to take?
2. While it is pending can i request for pemission to travel to the US as I have a 10 year Bi/B2 visa
thank you

Answer
Hi Jana,

I am assuming that your husband obtained his green card on the basis of employer sponsorship.

As to how long the process will take, this depends on the priority date of your husband's application for labor certification (also known as PERM) and under what category it was filed (EB-2 versus EB-3, for example). The following webpage from our website is helpful: http://h1b1.com/visawaiting.htm

We do not recommend entry to the U.S. on an existing B1/B2 visa, since this category of nonimmigrant visas does not allow for intention to immigrate to the U.S. Moreover, if the inspecting officer at the port-of-entry discovers that your husband has sponsored you, the officer may refuse you entry to the U.S.

The H and L nonimmigrant employment-based visa categories allow for intention to immigrate to the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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