Green Card
U.S. immigration law allows certain foreign nationals who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, you are considered Immediate Relative and you can immediately apply for a green card. We are a proud supporter of LGBT community and we were among the first immigration lawyers in California to begin processing same sex immigration cases as soon as the law was reversed.
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS).
Many people get Green Cards (become permanent residents) through family members. You may be eligible to get a Green Card as:
• An immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older
• A family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older
• A family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder
Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.
Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must Petition to Remove Conditions on Residence.
An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file a petition to seek a waiver of certain grounds of inadmissibility.
As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.
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FAQ
Who is eligible for an adjustment of status based on marriage to a US citizen?
You can apply for an adjustment of status if 1) you were inspected and admitted or inspected and paroled into the United States; 2) You are physically present in the United States at the time you file for adjustments; 3) You are legally married to a US citizen 4) The citizen and the foreign spouse must prove that the marriage is bona fide and 5) you have not violated any laws.
Can lesbian and gay married couples apply for a green card if one partner is an US citizen?
Yes, The U.S. Supreme Court’s federal marriage equality decision in 2013 (United States v. Windsor) means that same-sex marriages are treated the same as heterosexual marriages for immigration purposes under U.S. law and United States Citizenship and Immigration Service (USCIS) treats applications from same-sex couples the same as applications from heterosexual couples.
What documents do I need to apply for adjustments of status based on marriage?
- Copy of Petitioner’s Citizenship or Legal Permanent Residency;
- Copy of Beneficiary’s Legal Entry (Passport, I-94 or Stamp);
- Beneficiary’s Birth Certificate: Native Language and English Translation ;
- Documentation to show relationship (Marriage Certificate, sister’s birth certificate, petitioner’s birth certificate if petitioning parents);
- Proof of Petitioner & Beneficiary’s Termination of prior marriage (Judgment) (If applicable);
- Medical Exams conducted by an immigration certified civil surgeon ;
- Two (2) photos for Petitioner (Passport Style);
- Four (4) photos for Beneficiary (Passport Style);
- Copy of the petitioner’s Income Tax Return for the last three years;
- Copy of the petitioner’s Verification of Employment Letter; and
- Copy of Last three pay check stubs
Does my US citizen spouse need to financially support me?
Yes, the US citizen spouse must file Form I-864, Affidavit of Support which is a contract he/she signs to use his/her financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the US citizen spouse. However, if the US citizen Spouse’s income is below poverty line, you can ask another US citizen to become your Co-sponsor and signs an Affidavit of Support.
An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).
Do I need to wait for my visa to become available?
No, Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available.
What happen after my petition is approved?
If the US citizen and foreign spouse have been married less than 2 years at the time the spouse becomes a permanent resident, a conditional 2-year green card will be issued.
How Can the Conditions Be Removed?
If you have received your green card through marriage and wish to remove the conditions after two years, you will need to submit an I-751 Petition to Remove Conditions. You must submit the I-751 at least 90 days before your conditional green card’s expiration date. If you don’t remove your condition timely, you may find yourself out of status when your marriage-based green card expires.
How can I apply for a green card for my spouse who resides outside the US?
If your spouse resides outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This procedure is known as “Consular Processing”.
