I am a green card holder, and recently got married. If I sponsor my husband for a green card, will he be able to apply for an EAD?
18 Sep 2024Answer
Unfortunately, there is presently a backlog in the family-based category for green card holders sponsoring a spouse for a green card. Until the priority date is current, no I-485 can be filed. It also is not typically possible to apply for an EAD based on a family-based case until the I-485 is filed.
Note too that the I-485 process normally would be used only if the spouse being sponsored is in the U.S. If the spouse is abroad, the case generally would be filed for consular processing, and there would be no EAD at all. Instead, when the priority date is current and the case is approved and fully processed, the spouse eventually would be issued an immigrant visa by the consular post. Then, when they enter the U.S., they would enter as a green card holder. (18.Sep.2024)
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