Green Card Marriage Lawyers

Upon receiving a denial, applicants have several options. They can file an appeal with the Administrative Appeals Office (AAO) if they believe the denial was incorrect based on the provided evidence. Alternatively, they can submit a motion to reopen or reconsider the case. A motion to reopen involves presenting new evidence or documentation not available at the initial filing, while a motion to reconsider argues that the original decision was made in error based on  existing records.
That case supports discretionary denial where there is serious adverse marriage green card lawyer conduct. It does not support a general anti-adjustment policy. USCIS also relies on Chen v. Foley, Matter of Tanahan, Kim v. Meese, Jain v. INS, and similar older cases for the same broad theme. But many of these cases arose in older deportation or visitor contexts and did not involve modern employment-based or family-based adjustment systems. Applicants should treat Form I-485 as a discretionary application, not simply a form filing. The record should affirmatively show why adjustment is authorized by statute and why the applicant merits favorable discretion.

Again, it’s best to explore all of your options before beginning the application process. Contact an immigration attorney to learn what course of action is best for you and your spouse. If the marriage is less than two years old when the green card is approved, the spouse  will receive a CR-1 conditional green card valid for two years instead of the standard 10-year green card.
If you have questions about the interview or any other parts of the application process, you should contact skilled immigration lawyers for legal guidance as you get closer to getting a green card. If the petition is not filed, the foreign spouse may lose their immigration status and face potential removal from the United States. Upon approval of the petition to remove conditions, the conditional permanent resident will receive a new Green Card. Upon approval of the Adjustment of Status application, the foreign spouse will receive a Green Card.
If a violation falls within §245(k), the better argument is that Congress has already determined that such limited violations should not bar adjustment. USCIS may consider the facts in the totality of circumstances, but treating a forgiven violation as a decisive discretionary negative could be challenged as inconsistent with congressional intent. Applying a broad consular-processing preference to VAWA cases would often be inconsistent with the humanitarian purpose of the statute. USCIS may still analyze admissibility and any applicable discretionary factors, but the “go abroad and consular process” rationale is weak in this context. Immediate relatives remain in a relatively strong position. INA §245(c)(2), which bars many applicants who fail to maintain status or work without authorization, expressly excludes immediate relatives from that bar.

It also involves anticipating potential issues, devising fitting strategies, and accurately interpreting the rules. Without forgetting, having empathy and genuinely caring for our clients. These, combined with our legal expertise, are how we go beyond just knowing the law. Engaging with us gives you peace of mind, knowing there  is an experienced team working on your behalf. We are well-versed with the law and potential changes, ensuring you are always a step ahead. Our team will always be ready to answer your questions, address your concerns, and guide you throughout.
USCIS cannot treat all parole-based adjustment as improper. The key questions will be whether the applicant remained within the terms of parole, whether the category allows adjustment, whether the applicant is admissible, and whether there are positive discretionary factors. Section 245(i) applicants are different because they often have more complicated immigration histories, including entry without inspection or status violations.

If applying as the spouse of a permanent legal resident, you usually would not be able to submit both two forms concurrently. Additionally, more requirements need to be met for a spouse of a green card holder, who is applying in the U.S. – so it’s very important that you get proper legal advice before you do so. The person applying for the marriage green card is referred to as the beneficiary or the green card applicant. The citizen spouse or green card holder spouse is referred to as the petitioner or sponsor. At Law Offices of Jeffrey A. Thompson, we understand that facing USCIS adjustment of status interview questions can be daunting. The interview is a critical step in your journey to becoming a permanent resident.
A narrow application would permit officers to weigh fraud, unauthorized employment, violations of status, criminal history, and other adverse facts. A broad application would treat the lawful filing of Form I-485 itself as disfavored because consular processing was available. The memo instead attempts to change how officers think about discretion. USCIS may consider adverse facts in adjustment adjudications. It may deny adjustment where fraud, criminal conduct, unauthorized employment, status violations, or other negative factors outweigh the equities.
All sponsors must submit form I-864, Affidavit of Support, which assures the government that you are financially capable of bringing an immigrant relative to the United States. At the same time, USCIS emphasized that officers will continue making decisions on a case-by-case discretionary basis, meaning there is no automatic approval or denial solely because of one factor. There are several stumbling blocks on the path to winning your permanent residency case.

This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status, before you apply. Filed by conditional permanent residents who obtained a 2-year green card through marriage. This petition is used to remove conditions and obtain a 10-year green card. It is typically filed jointly with the U.S. citizen or permanent resident spouse but may also be filed individually with a waiver in cases of divorce, abuse, or extreme hardship.
In the past, it may have been acceptable to provide USCIS with the minimum information necessary to obtain a filing date, with the expectation that more information could be provided at a later date. The total cost of a CR1 visa includes the USCIS filing fee of $535 and additional costs, such as medical exams and consular processing fees. During the process, the USCIS will be working to verify that your marriage is bona fide and legal by using the documents and evidence you submit.

The fact that your case is on hold does not mean that USCIS has stopped processing it entirely. Failing to respond to an RFE could result in a denial, hold or no hold. An experienced attorney will have plenty of experience handling marriage-based cases, and can assist evaluating eligibility and strategy, preparing paperwork, and more.
Once your CR1 petition gets filed with the USCIS, it may take anywhere from one to three months before you receive a receipt notice and case number. It may then take an additional 5-8 months before you receive an approval notice. Again, remember that the processing time has been significantly delayed due to the coronavirus. These times are based on the average processing times before the pandemic and what you might be able to expect once it subsides. Call us today and get the legal advice you need to move forward confidently with these US immigration processes.