Immigration Debate

Applying for a green card through a marriage entered into in good faith to a U.S. citizen is one of the quickest ways a qualifying foreign national may obtain a U.S. green card (permanent residency).  When a foreign individual and his/her U.S. citizen spouse reside in the U.S. and they are applying for a green card, the process is referred to as ”adjustment of status” (this is different than “change of status”).  Adjustment of status essentially means a foreign national is adjusting his/her status from whatever his/her status currently is (H-1B, TN, L-1, F-1, out of status, etc.) to that of a permanent resident.  If the foreign spouse is not in the U.S., but is married to a U.S. citizen then the case would be processed partly through USCIS in the U.S. and partly with a consulate outside of the U.S.  The immigration benefit pursued would either be a marriage visa or an immigrant visa, not adjustment of status.   

Unlike many other immigration benefits, you can apply for a green card through marriage to a U.S. citizen (aka adjust status to a U.S. permanent resident) even if you have unlawful presence in the U.S. or you have overstayed a visa. However, there are limited circumstances where you may not eligible to apply for a green card through marriage to a U.S. citizen. 

The green card through marriage process entails numerous forms, legal issues, filings, receipts, government correspondence, and finally an interview.  It is not uncommon in some parts of the U.S. to wait up to a year or more to finally complete the process.  However, in New York City, there has been a recent trend of processing properly prepared and filed cases in a timely manner.  In fact, our recent experience has shown cases being scheduled for interviews in as little as 3.5 months from the date the application has been received by USCIS.  

The following two green card through marriage application examples are taken from two recent cases in New York City.  Please keep in mind that both cases were prepared and filed by an attorney experienced with family based immigration law matters.

The applications submitted in these cases were the following:  I-130 Immigrant Petition & I-485 Adjustment of Status, I-765 Work Authorization, and I-131 Advance Parole.  The biometrics appointments for both cases were conducted at 201 Varick Street and the interviews for both cases were conducted at 26 Federal Plaza.

Example One

• January 12, 2009:  All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• January 13, 2009:  All applications received by USCIS, Chicago
• January 19, 2009:  Receipts issued by USCIS for the following applications:  I-130, I-485, I-765, & I-131
• January 23, 2009:  Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• February 9, 2009:  Biometrics appointment
• February 27, 2009:  Advance Parole approval issued
• March 4, 2009:  USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• March 6, 2009:  Work authorization issued
• April 28, 2009:  Interview for adjustment of status (stamp placed in passport)
• Green Card received in the mail within 2 months (delay do to recent upgrades of green card production machine)

Example Two

• January 26, 2009:  All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• January 27, 2009:  All applications received by USCIS, Chicago
• February 2, 2009:  Receipts issued by USCIS for the following applications:  I-130, I-485, I-765, & I-131
• February 4, 2009:  Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• February 24, 2009:  Biometrics appointment
• March 12, 2009:  USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• March 18, 2009:  Advance Parole approval issued
• March 2322, 2009:  Work authorization issued
• May 19, 2009:  Interview for adjustment of status (stamp placed in passport)
• Receipt of actual green card still pending due to recent upgrades of green card production machine

Please keep in mind that both of these cases were fully prepared and filed by an experienced immigration attorney.  Furthermore, they both were relatively “normal” cases.  Regardless of your situation, competent legal counsel is important through all parts of the application process and therefore it is strongly advised that you work with an attorney experienced in these matters before moving forward. A green card is a highly sought after U.S. immigration benefit and something that should be pursued with great care.