There are two paths to apply for a marriage based green card. Which path is right for you depends on your individual circumstances. The two methods are:
1.) If you are outside of the United States, then you can apply through a consular process and have your interview at the U.S. consulate in your county.
2.) If you are currently in the United States, then you can apply to adjust status from within the U.S. and you will have the interview in the U.S.
If you are in the U.S., the USCIS will review your application based on if you came into the U.S. with an inspection or entered the U.S. without an inspection. If you have fallen out of lawful status but you entered the U.S. legally, and had an inspection by an immigration official, you can generally obtain your green card from within the U.S. If you are in the U.S. without lawful status, then you cannot change your status from within the U.S. You will have to return to your home country to proceed through a consular process unless you qualify for an exception to this general rule as the spouse of a U.S. citizen. Immigration law is very complicated and errors or problems with your petition for a green card can ruin the chances for success now and in the future. For assistance with your marriage based green card, please contact Your Immigration Angel today!
As a lawful permanent resident (LPR) of the United States, you are allowed to live in the United States indefinitely even if you are still a foreign national. Permanent residency also entitles you to work in the United States and to travel in and out of the United States without seeking additional visas or permissions. However, what is usually most important to many LPRs is the ability to petition for a foreign spouse or child(ren) to be granted permanent residency through a green card. You can petition for your spouse and children and there are always green cards available, because they are immediate relatives! For more information on petitioning for your spouse and child(ren), contact Your Immigration Angel today!
The Violence Against Women Act or VAWA, provides wide-ranging support and comprehensive immigration law benefits for victims of domestic violence. VAWA has also provided a foundation for federal financial support, as well as additional guidance for state and local law initiatives. There has been significant progress in addressing the domestic violence crimes against immigrants. However, many abused immigrant men and women are unsure of their rights. If you or someone you know is being abused or thinks they are being abused and is an immigrant, please, feel free to contact Your Immigration Angel for a free consultation today.
It will come as a relief to many that a new Haitian Family Reunification Parole (HFRP) Program will be implemented in early 2015. Deputy Secretary of Homeland Security, Alejandro Mayorkas has said that “The rebuilding and development of a safe and economically strong Haiti is a priority for the United States. [The] program promotes a fundamental underlying goal of our immigration system – family reunification. It also supports broader U.S. goals for Haiti’s reconstruction and development by providing the opportunity for certain eligible Haitians to safely and legally immigrate sooner to the United States.” Indeed, under this program, U.S. Citizenship and Immigration Services (USCIS) will offer certain eligible Haitian beneficiaries of already approved family-based immigrant visa petitions, who are currently in Haiti, an opportunity to come to the United States up to approximately two years before their immigrant visa priority dates become current.
Companies founded by first or second generation immigrants have helped provide 30% of the United States Gross Domestic Product, or $4.5 TRILLION of Annual Revenue!
That’s 10+ MILLION U.S. jobs!
The marriage based green card is an excellent choice for immigrants who are married or are planning on marrying a U.S. citizen or a U.S. lawful permanent resident. Under U.S. immigration law, there are a few requirements to be eligible for the marriage green card. Foremost, you need to be married! You and your spouse must show that you are:
- legally married
- in a bona fide marriage that is not solely for the purposes of obtaining a green card
- married to a U.S. citizen or lawful permanent resident, and
- that neither you nor your spouse are married to anyone else
And there you have it! These are the basic requirements for a marriage based green card. While it may sound simple, there are other factors that USCIS considers, such as financial ability and your background history. USCIS wants to ensure the safety of all U.S. citizens, and does not want to encourage illegal immigration. It is important to make sure you meet every last requirement and that your green card application is properly completed so that USCIS has all of the information needed. For questions, concerns or for assistance regarding your eligibility for a marriage based green card, please don’t hesitate to contact Your Immigration Angel. We are here to help you!
“Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clear conscience.”
–John F. Kennedy, A Nation of Immigrants
The United States has historically been a melting pot of immigrants, each immigrant community bringing an additional ingredient to the rich mélange that is the U.S. population. As such, immigrants have been instrumental in helping build this country and are an intrinsic part of American history. However, Immigrant communities have been waiting for months for immigration reforms to meet the growing needs of the people. Unfortunately, Congress has been unable to agree on any actions to meet current immigration needs. Every U.S. President since 1965 has made executive decisions on immigration issues, and President Obama is no exception. The President has broad executive authority to shape the enforcement and implementation of immigration laws. The President can exercise prosecutorial discretion to defer deportations and streamline adjudications. Already, President Obama’s Deferred Action for Childhood Arrivals (DACA) program, has deferred deportation for young adults brought to the U.S. as children. Further reform focusing on circumventing family separation is one of the main areas expected to be addressed soon by the Obama administration.