If you are applying for a green card in the employment based category, then your spouse generally can apply for a green card with you. This is presuming that your spouse is in the United States and in legal status. If your spouse is out of status, then unfortunately, most likely, they are not going to be eligible to apply for a green card as a derivative of your application. In family-based categories, which are the third or fourth preference, your spouse can come along with you as a derivative of your green card application. Third preference is the married child or child of a United States citizen, along with their spouse, and they can come with you. The fourth preference category is a petition filed by a sibling. In those cases, then the principal, meaning you, is eligible for a green card because you either are in legal status or have been waiting outside the United States, then your wife or husband can come along with you. Same goes for the third preference which is your parent filing for you as the adult married child of a United States citizen. In all other circumstances, your spouse probably can’t come with you to the United States. If you have questions regarding whether or not your spouse can come with you on the green card application, please contact my office and I’d be very happy to discuss your situation with you.
Cheryl R. David is an experienced immigration attorney working in New York City. Please contact us for your free initial consultation.
