REPRESENTING CLIENTS IN ALL 50 STATES AND OUTLYING TERRITORIES OF THE UNITED STATES
Immigration and Nationality Law
Green Card through U.S. Citizen Spouse
A foreign national who is married to a U.S. Citizen may be sponsored for a green card by the U.S. Citizen spouse. This is one of the fastest ways of getting a green card since a spouse of a U.S. citizen is considered an “immediate relative” and therefore, not subject to visa quotas. The U.S. Citizen spouse would need to file an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS) and would need to establish, among other things, that the marriage is bona fide or entered into in good faith and not for the purpose of evading immigration laws.
If the foreign national is abroad, he or she will be scheduled for an interview to get the immigrant visa at the U.S. embassy in his or her home country after the petition is approved and after her immigrant visa application is processed by the National Visa Center (NVC).
If the foreign national is in the U.S., he or she may concurrently file an adjustment of status application and obtain a green card without having to the leave the U.S., subject to certain exceptions. Prior to the issuance of the green card, the spouses are called to appear for an interview at the local USCIS office to further determine if the marriage is bona fide and if the foreign national spouse is eligible for permanent resident status.
If the marriage was less than 2 years at the time of the issuance of the green card, the foreign national spouse will receive a conditional green card which is valid for 2 years and would need to file an application to remove the conditions on the green card within 90 days prior to the 2nd year as a conditional resident. To remove the conditions on the green card, the spouses will need to establish that the marriage was bona fide and not for the purposes of evading immigration laws.
If you are married to a U.S. citizen or are contemplating marriage to a U.S. citizen and wish to apply for a green card, feel free to contact the Law Office of Carlo Borja so we can assist you in the process.