Can we apply for a green card for my wife if I am a green card holder and not a citizen?

UPDATED: Sep 30, 2022

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Can we apply for a green card for my wife if I am a green card holder and not a citizen?

I will apply for my citizenship year from now. She is on an active B2 visa here. And if yes, must she have the birth certificate for that because it was lost long time ago and it is very problematic to get another one.

Asked on January 9, 2016 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

She will need to have a birth certificate when you petition for her.  If one is available then she will need to obtain it from the authority that issues it in her home country.  Most countries have a procedure for doing this.  Without a copy of a birth certificate, unless she can prove that it simply does not exist or was never issued by her country, she will not be able to adjust status.

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