Many people obtain their permanent residency (better known as a Green Card) through a family petition. The United States promotes family reunification and allows U.S. citizens and lawful permanent residents to claim qualifying family members to come and live permanently in the United States. A person may be eligible to obtain a Green Card through a family petition of a U.S. citizen or lawful permanent resident, or through a special category defined below.
The speed and ease with which a foreign national can obtain a Green Card depends on whether the petitioning family member is a U.S. Citizen or Legal Permanent Resident, and sometimes the country in which the family member resides.
U.S. Citizens may apply for a Green Card for:
Familiares Inmediatos no Están Sujetos a Disponibilidad de Visa
marriage to U.S. Citizen
We know from our own experience the stress that a newlywed couple may be under during the Residency Petition process. We are committed to providing legal assistance to married couples during the immigration process in order to obtain relevant and necessary evidence to begin the petition process, submit supporting documentation, and prepare for a successful interview.
NOTE: Change of Conditional Residence to Permanent Residence
If at the time of your interview the couple has been married for a period of less than 2 years, Immigration will waive a Conditional Residency for 2 years. Consequently, in the 90-day period before the 2-year anniversary of obtaining the Conditional Green Card, if the couple continues to be married, then a joint petition may be filed with USCIS to change the conditional residency status to a permanent residency status. It is essential to prove that you have been living together for the previous 2 years.
If the couple separated or divorced during this period of Conditional Residency, it is possible to apply for and successfully obtain Permanent Residency status. Our attorney specializes in cases where the couple is still married but living apart due to unfortunate circumstances, or couples who divorced despite having formed a bona fide marriage. Consult our immigration attorneys for more information.