Will the new merit point system affect family immigration? If yes, does my spouse or I need to have a degree or start earing?

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Hi, I am a lawful permanent resident and currently a student. My spouse is outside the united states. He is unemployed at the moment. Would he still get his visa if I file I130 petition ? I am unsure because someone told me the rules have changed recently and he has to be employed/earning.

Attorney Answers

3
Shahzad Khan ·
The merit based system is found within the RAISE Act, which has not been enacted into law. I would not worry about that right now. If you are currently married and are a lawful permanent resident, then as a LPR you can sponsor a spouse by filing an I-130. There are many issues involved with sponsorship, so you should talk to an immigration attorney to fully understand your case. Many immigration attorneys offer free consultations, skype consultations, etc. Give them a call. Understand your case and the possible immigration changes possibly coming in the future. Best of luck to you.
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F Capriotti 2793192.Html ·
The RAISE act is not law and many of us believe it never will be. We are continuing to process papers under existing law. The rules have NOT CHANGED.
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Lori Pinjuh ·
If you would like to file an immigrant petition for your spouse, you may certainly do so now, even without a job. There will come a time, if the immigrant petition is approved, when your spouse has an immigrant visa available to him, where you will need to have proof sufficient to file an affidavit of support for him and you may need a joint sponsor, if your own income or assets do not meet the threshold.
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