Applying for a Green Card most often requires an application for adjustment of status with USCIS. Adjustment of status is different than “change of status”, which indicates switching from one non-immigrant status to another. Adjustment of status only refers to going from a temporary visa to a green card. Keep in mind that this is only available to those that already have a temporary visa.
Those that are applying directly for a Green Card or are otherwise not under a nonimmigrant status will need to go through consular processing. This means that you must travel to a U.S. Consulate or Embassy in your home country to participate in a one-on-one interview with a consular officer. If you are eligible for an adjustment of status, you can always choose consular processing if you prefer.
What Forms are Required?
To adjust your status, you will need to file an I-485 Application to Register Permanent Resident or Adjust Status to the USCIS.
DCDK Law can handle this entire process for you, no matter how complex your personal situation may be. Some nonimmigrant statuses, like the J-1 or F-1, require different documents and so will have varying checklists for adjustment of status. Any dependents adjusting their statuses along with you will also need to submit their own documents. It is important to complete everything properly for this last step toward a Green Card.
Green Card Through Marriage
If an immigrant receives permanent residence through marriage to a United States Citizen or Lawful Permanent Resident, the validity of the Green Card will depend on the duration of the underlying marriage. If the couple has been married for at least two years at the time the application is approved, the applicant will be accorded permanent residence without conditions. On the other hand, if the couple has been married for less than two years, the applicant will be given a conditional green card.
The immigrant and the spouse must file to remove the conditions on his/her green card within 90 days of the second anniversary of when permanent residence was granted. The application to remove the conditions on the immigrant’s green card can be filed wither jointly or separately. Although simple in theory, this process can be extraordinarily complex. The complexity of marital relationships can lead to extremely complicated situations that can impact the application.
DCDK Law can help you navigate this entire process from start to finish. We will get your Green Card and later American citizenship.
Some typical problem scenarios include:
- The couple is still legally married but separated.
- The couple is married but the other spouse won’t cooperate.
- The couple lacks joint documents.
- The immigrant has been arrested or convicted of a crime.
- The couple has failed to file the I-751.
To schedule a consultation, please contact our office or email us for more information.
