Q. My wife is a registered nurse. Her employer petitioned for a green card for her. We have been together for a while, but we married after our lawyer told us that by marrying, I could get a green card when she does. Is that possible? I know that her green card application will take a while, but I’m hopeful that I can stay with her and get a green card also.
Name withheld, Elizabeth, N.J.
A. You qualify to get a green card if your wife’s green card application is approved. When a person gets a green card based on an offer of employment, their spouse (and their unmarried children under the age of 21) qualify to get green cards at the same time. You are what the law calls a “derivative beneficiary” of your wife.
The derivative beneficiary rule applies to all preference green card applicants, including those in all employment-based categories. Note that if you are not here lawfully, getting a green card through your wife may take a while. Ask your lawyer to explain the process, but with patience and good lawyering, you should be fine.
Q. The U.S. Consul in Lima, Peru, denied my mother an immigrant visa to come to the United States. The officer said that my income wasn’t enough and that she would become a public charge. She is very old. Can anything be done?
M.G., Great Neck, N.Y.
A. If your mother is too old to work, you must prove that you can support her. If your income is insufficient to meet immigration law guidelines, you can have a relative or friend file a separate affidavit of support for her.
Please don’t give up. In my experience, with good legal help, green card applicants can overcome the claim that he or she is “likely to become a public charge” — that is, to require need-based government assistance to live in the United States. If you can find someone to co-sponsor, your mother should get her immigrant visa.
I suggest you get help from a not-for-profit agency that helps immigrants with immigration cases. To find a not-for-profit agency near…
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