He is very communicative and takes excellent care of his clients! Telephone: (973) 642-1111 This complete Do-it-Yourself U.S. immigration kit includes everything you need to apply for and obtain a Green Card by Marriage to a U.S. Citizen. Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. And you have to add supplements to the basic green card application form. If you entered the United States with a visa (or ESTA) and got married after 90 days to a U.S. citizen, you are probably eligible to submit an application to adjust your status to lawful permanent resident without having to leave the U.S. International Student and Scholar Services cannot advise or assist anyone with more detailed green card information . The applicant will need public assistance such as welfare in the U.S. Should I hire a lawyer to help get a green card through marriage? That is not a good idea. He or she will need to prove the legal entry in the application, by submitting a copy of either a visa stamp or the Form I-94 (Arrival/Departure record). Permanent Residency (Green Card) Through Marriage This is very basic information to alert you to issues you need to think about, and does not constitute legal advice. Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. Our kit features step by step instructions, fillable & editable USCIS forms, and sample completed forms. If I came to the US with a tourist visa and married an American, can I apply for a green card from the US or do I need to leave and wait for the process from my own country? See more. Customary divorce is … Great news – A U.S. District Court has temporarily blocked USCIS from increasing application fees (the higher fees were originally scheduled to start on Oct 2, 2020). There is no denying the significance of this undertaking on your family, so do yourself a favor and get the help of a specialist. Immigrant visas. So even if one state legalized gay marriage, that union would not be recognized at a federal level or in states where gay marriage was illegal. This form must be filed by the spouse who is already a U.S. citizen or lawful permanent resident, although both spouses will need to be involved in the application process. Strategy 1 – Do it yourself without a lawyer: Your case is simple and straightforward. (See “Legal Requirements for a Marriage-Based Visa or Green Card”). The same steps as Strategy 1. If you go on your own without a lawyer present you may make the smallest mistake, something that just seems like it’s not a big deal, but sometimes those small mistakes cause BIG problems. Again, it’s best to explore all of your options before beginning the application process. Getting a Green Card through marriage by Consular Processing. Once you know which strategy to use, the application process becomes much easier! Essentially, the I-485 says, “hey, government, we established our qualifying relationship with the I-130 petition, so now that the relationship is established I would like to apply for resident status based on that marriage.” (Even though that is logically a two-step process, the forms are filed at the same time). The green card marriage interview will be conducted at the USCIS Field Office address on your interview notice ... if there are any legal issues that need to be addressed, ... lawyer who understands what it takes establish the best possible plan to obtain you or your family member’s green card through the adjustment of status process. Once issued it will be a 2 year conditional green card, the condition is that the marriage lasts 2years from the date the green card was granted. At your green card through marriage interview, your U.S. spouse cannot interpret for you. While it is possible to download and file a green card application on your own, it can end up costing time, and causing errors that might ultimately affect your chances of getting permanent residency. Our aim is to make the immigration process as smooth as possible. Our immigration law firm has earned the highest ratings in Best Lawyers in America, Super Lawyers, US News and World Report, Avvo, as well as Martindale-Hubbell. In those scenarios, the spouse may also need to sign a household member sponsorship form. Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. This is the eternal question swirling in most new marriage Green Card applicants’ mind. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). I recommend that you do NOT travel while your case is in process, even if you get a travel card from USCIS prior to your green card through marriage interview, unless an immigration attorney reviews your total situation and lets you know it is ok to travel … All Other Green Card Eligibility Requirements Apply. We can only provide self-help services at your specific direction and do not have special knowledge of immigration law and procedure. If you haven’t already retained the services of an immigration attorney, you should consider doing so before submitting any of the USCIS forms, petitions, and packets listed below.Having an experienced attorney in your corner can streamline the process for faster processing, eliminate … If you are going through any immigration process, you should expect immigration judges and officers to scrutinize your tax returns. Does the applicant have any past criminal offenses? Let’s just use one common example that we encounter. The first step to obtaining a green card through marriage to a U.S. citizen or green card holder is filing Form I-130, Petition for Alien Relative. We have a son together and I'm here in USA for 2 years. No. The services and information provided are not legal advice and do not substitute the same level of advice, opinion, guidance or recommendation that a licensed immigration attorney can provide, and do not form an attorney-client relationship. Immigration law requires USCIS to take additional steps in green card marriages to ensure that the marriage was entered in good faith. I am getting married this week. The first step to obtaining a green card through marriage to a U.S. citizen or green card holder is filing Form I-130, Petition for Alien Relative. A fraud interview is not something that you will need to worry about if you have the help of a Green Card through marriage lawyer. Not only will a lawyer add a big expense, but they will also delay the process and potentially screw you . Get your green card through marriage to the U.S. citizen with the help of an experience immigration attorney or do it yourself. Many sites make green card applications seem simple: like a filling out a simple stack of papers and just going to an immigration office. You want someone with you to prepare the forms carefully. United States Immigration Naturalization legal advice for marriage based visas through Curtis Pierce attorney Los Angeles California. Neither can your lawyer. This is, however, not automatic after marriage and a formal application process must still be followed. But I do know a lot about how your tax return may impact your immigration case. The couple must submit a form I-751 joint petition during the 90-day period prior before the expiration of the green card. Green Card Through Marriage. Sept 30, 2020 Update. Do I need a lawyer to file a green card by marriage? Author: Green Card Attorney Alena Shautsova After a US citizen marries a non-citizen, if non-citizen desires to receive an Immigration status while in the US, the couple will need to submit certain application forms and supporting documents to the USCIS so that the non-citizen can adjust status to become a permanent resident or a green cardholder. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order to apply for their needed … Begin by gathering the documentation that you will need for your marriage based green card interview as soon as the interview notice arrives.The green card marriage interview notice you receive in the mail has an exhaustive list … There you have it! People always ask me, “Do I need a lawyer to get a green card through marriage?” The answer is – this is too important to fool around with. An immigration lawyer can assist you in preparation for the interview process, ensuring the fulfillment of all requirements, and they can also represent you during formal immigration court … You can fill out the application by yourself, and have a quick review with a lawyer before you submit. If you or a loved one needs assistance with obtaining a green card through marriage or any other family-based immigration matter, Yekrangi & Associates can help. Congratulations, your green card through marriage has been approved! If your spouse is a permanent resident or a United States citizen, your spouse will need to file an I … I meet many clients who try to fill out green card applications on their own before they realize how complicated the process can be, and reach out to get help from an immigration lawyer. I have tons of questions about applying for my green card through marriage. This usually means that an official record of your marriage was made or can be obtained from some government office. You will bring your marriage green card interview notice with you, along with all the other documents requested on the notice. An NTA is the document that Immigration authorities use to initiate removal (deportation) cases. You can take the stress and anxiety out of the situation through careful preparation. AND marrying a US citizen does not automatically guarantee that you will even get a green card. 9:00am – 5:00pm / Monday – Friday, © 2021 Harlan York & Associates – Immigration Attorneys The LegalMatch online library contains legal insights to help you win your case and recover losses. Sept 30, 2020 Update. read more. You may want to consult an attorney. Great news – A U.S. District Court has temporarily blocked USCIS from increasing application fees (the higher fees were originally scheduled to start on Oct 2, 2020). He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers. The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. You also can contact the USCIS National Customer Service Center at 1-800-375-5283 if you are unsure about the forms. Use our Filing Calculator to determine your 90-day filing date. Green Card Through Marriage When Both Spouses Live in the United States and One Is a U.S. Citizen. The process for obtaining a green card through marriage varies depending on whether your spouse is currently residing in the United States. Contact an immigration attorney to learn what course of action is best for you and your spouse. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). The first step in effectively challenging a marriage green card decision is to figure out why your case was denied. The most common pitfalls, as explained in Green Cards Through Marriage: Eight Mistakes To Avoid, include: The marriage is not bona fide Carl Shusterman , a former INS Attorney (1976-82), whose law firm has assisted thousands of immigrants across the U.S. in getting a green card through marriage, explains the basics of the process. You will need to provide only two total sets. To qualify for a marriage-based visa or green card, you must be legally married. Hablamos espanol y … The answer is – this is too important to fool around with. Site by Nelson Design Collective. People always ask me, “Do I need a lawyer to get a green card through marriage?”. Applying for a Green Card can be a long and daunting challenge for many immigrants. A non-citizen may have a green card marriage arrangement with a U.S. citizen to obtain a green card. ... We are not a law firm, and this site and our software are not a substitute for the advice of a lawyer and do not contain or constitute legal … Once the basis for the USCIS decision is known, options to appeal the outcome can be identified. On a green card obtained through marriage, the conditions can be removed by filing Form I-751, Petition to Remove Conditions on Residence. Hire a professional: This important step of financial sponsorship must be met in any marriage-based green card and marriage visa application. To qualify for a marriage-based visa or green card, you must be legally married. As an immigration lawyer in Boston, I know next to nothing about accounting and tax law. MEET BY ZOOM NO OFFICE VISIT NEEDED. We are not a law firm and are not affiliated with or endorsed by United States Citizenship and Immigration Services (USCIS) or any other government agency. Visit the Three Degrees Website and Order Today. Green Card Through Marriage: Cost But do NOT be fooled. Don’t take on your immigration case alone. The LegalMatch online library contains legal insights to … MARRIAGE GREEN CARD – RELATED PAGES Enacted in 1996, the Defense of Marriage Act (DOMA) was a federal law that limited federal marriage benefits and mandated that only opposite-sex marriages need be recognized between states. Your attorney, for instance, will be able to give you advice about filing Forms I-130 and I-485 for an Adjustment of Status. Are you applying by yourself or hiring a lawyer? Does the applicant have a previously denied immigration application? For simplicity’s sake, we will assume that you are a U.S. citizen and your spouse is currently living in the U.S. on a non-immigrant visa (such as an H-1B visa). Court decision your rejection risk or involve complex paperwork issue NTAs spouse has overstayed the visa outcome. Communicative and takes excellent care of his clients automatic after marriage and filing! 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