Immigration Issues/EAD and AP


Followup To
Question -
My Fiance and I will be getting married in a week.  Afterwards I would like to file for Conditional Permenant residence for him.  I know that we need to file the I-485, adjustment of Status, g-325a Bio info for both of us, i-130 petition for alien, i-864 affidavit of support.  My question is do we need to file for i-765 for Employment authorization or i-131 for advanced Parole?  He was tranfered here from England on a management visa.  His company isn't doing well and he will probably seek other employment in the next few months.  So how long does the process take for him to become a conditional permenant resident?  We live in NYC if that helps.

Thank you for your help,
Answer -
The green card process will take about 2 years in NY. The good news is that if he gets approved more than 2 years after you marry, he will be an unconditional permanent resident when he gets approved.

He does not need to file for I-765/I-131 if he stays at his company. L-1s can travel without parole during process. If he is thinking of leaving though he should file for both.

You do not need the I-864 at the time of filing. Let me know if you want to retain a lawyer to process the case. I practice in New York!!!!


Hi Robert,

Thanks for the quick reply!!!!  He is not a L-1, he is a H something (sorry I can't remember which) and his exit visa expires in July.  Does it really take 2 years to change the status?  That is awful!!!  I am sure that I read somewhere that when you adjust the status through marriage that it is much quicker.  Also we recently read that the appliacation for advanced parole was taking 9 months to approve.  Is that true?

We were trying to avoid a lawyer because of the expense.  He has already spent 10K going through his present company, ugh!!!  But thanks.


It takes 2 years even for a marriage case. H-1s do not need travel permission either but since his time is expiring in 3 months you should file for travel adn work permission. It would be cheaper than applying for an extension of his H-1 status.

If you have any further questions, call me at 516 487 0500. I charge $3000 plus the filing fees for the case. 1500 as a deposit and 1500 when he gets his appt.

You might want to conside filing before 4/30. The fees are going up then. Now they are $665 including parole and work. After 4/30 it will be about 900.


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Robert Hollander<B> Esq.</B>



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