US Green Card Through Marriage
Author: Green Card lawyer Alena Shautsova
One of the ways of obtaining a US permanent resident status, or green card is through marriage to a US citizen or a US permanent resident. There are significant differences in process and eligibility for the person seeking the status depending on the status of the spouse.
1. A potential immigrant is marrying a US citizen
In this case scenario, most of the times, to obtain a green card, the immigrant has to
a. Enter the country (US) legally (pursuant to a visa or advance parole)
b. Do not have criminal convictions that make him/her inadmissible
c. Do not have prior immigration issues that prevent the potential immigrant from adjusting his/her status
d. Have a sponsor who is able to execute valid affidavit of support
e. Be able to pass medical exam
Usually, the entrance to the US so the most common problem, as many potential immigrants have trouble proving that they entered the US with inspection and admission. However, in certain, very limited situations, it is still possible for a person to receive his/her green card even if the person is a EWI (entrant without inspection). For example, certain individuals may qualify for grandfathering exception; or DACA and travel on advance parole prior to adjustment; or qualifies for parole in place or a “waved in” exception. It is important to consult with an attorney to see if there are possibilities to remedy the entry without inspection.
For those who simply overstayed their visas, except for certain visas like K-1 or a crew member visa, it is possible to adjust status without “extra” applications for waivers if the person married a US citizen.
2. A potential immigrant is marrying a US permanent resident
In this case scenario, the immigrant must either maintain a lawful status throughout the stay in the US up until the adjustment; or wait until the permanent resident becomes a US citizen. In case the permanent resident cannot for some reason become a US citizen, and the immigrant overstayed his/her visa, the adjustment will be impossible, unless the immigrant obtains a waiver. See I-601 hardship waiver.
Green card though marriage is avenue granted by the US government to the couples to maintain family unity. Even though some may think the process is relatively simple, very often it has “hidden stones” which may delay the process for years or even lead to removal proceedings. If you have Immigration questions regarding green card through marriage, call us today 917-885-2261.