+ Family Petition - Children. Residency (a Green Card) through being the child of a U.S. citizen.

There are various ways for U.S. citizen parents wishing to petition their non-U.S. citizen child to come to the United States and gain legal permanent residency (a Green Card) and Citizenship. Want to find out more about this process? Keep reading...

U.S. Citizen Petitioning a Child

Petitioning for a Green Card for your non-U.S. citizen child (or stepchild, if you have been married to the child's biological parent since before the child turned 18) is possible whatever age your child is. One thing to note, however, is that the length of this process will vary significantly depending on whether said child is under 21 years old and unmarried (considered a minor), or over 21 years old and/or married.

Note 1: if you are a U.S. citizen parent of a child born outside of the United States, it may also be possible to claim citizenship for them through a Consular Report of Birth Abroad. Please feel free to contact us about this option.

Note 2: if you are the U.S. citizen father of a non-U.S. citizen child, and are not married to the child's mother, you will have to provide additional proof of paternity and a continued relationship with said child.

Non-U.S. Citizen Children Under the Age of 21 (Unmarried)

To begin, let's start with non-U.S. citizen children under the age of 21 who are unmarried. These kinds of applications tend to be the most straightforward. The first step of the application process is for the U.S. Citizen parent to file a Family Petition on behalf of their child, paying the appropriate filing fee. The purpose of this is to establish that the U.S. citizen is the biological parent of the proposed beneficiary.

Note: as mentioned above, U.S. Citizens can also petition stepchildren, as long as they have been married to the child's biological parent since before the child turned 18.

The next steps of the Green Card application process will differ depending on whether the non-U.S. citizen child (under 21 & unmarried) is applying from abroad through a Consular Process with the National Visa Center (skip to "National Visa Center Applications for Non-U.S. Children (Under 21 & Unmarried)") or from within the U.S. via an Adjustment of Status (read on).

Adjustment of Status for Non-U.S. Children (Under 21 & Unmarried)

If your child is applying for a Green Card from within the United States, we will file a Permanent Residency Application along with the aforementioned Family Petition. This application establishes your child's nationality and health status, confirms they entered the United States lawfully, and demonstrates they can count on financial support from a U.S. citizen.

A few weeks after this joint application has been filed, USCIS will send a receipt to confirm they are processing it. This receipt allows your non-U.S. citizen child to legally stay in the country until an official decision has been issued regarding their case.

A few months after filing the application, the non-U.S. citizen child will either be provided with a work permit (employment authorization document), travel permit (advanced parole), and Social Security Number (SSN), allowing them to work in the U.S. and travel freely in and out of the country, or USCIS will send a Request for Evidence (if, for any reason, more evidence is required to process the application).

A few months later, they will either receive an appointment notice to attend a Residency (Green Card) Interview at their local USCIS office, or this interview will be waived and their Green Card will be sent out via mail.

Note: If your child is required to have an interview, we will make sure they feel 100% confident and prepared for this. Our attorneys will provide a copy of their file and all of the necessary documents to take, as well as go through sample interview questions to prepare them for the real appointment. If desired, an attorney can accompany them on the day of the appointment. If an interpreter is needed, Azadi Law has qualified inhouse interpreters who can provide this service for Spanish speakers.

Following a successful interview (or an approved application with no interview), your child will receive a permanent residency Green Card in the mail, which is valid for 10 years. Beyond this, please refer to "Future Citizenship" (below).

National Visa Center Applications for Non-U.S. Children (Under 21 & Unmarried)

If your non-U.S. citizen child is living abroad during the Green Card application process, following the initial processing and approval of the aforementioned Family Petition, their case will be transferred to a National Visa Center (NVC).

At this point, they will be asked to provide more documentation to prove their nationality, that they have access to financial support in the U.S., and their previous interactions with law enforcement, if any.

Upon receipt of these documents, the NVC will decide whether or not the non-U.S. citizen child is eligible to move on to the next stage of the process; a mandatory interview at the U.S. Embassy or consulate of their home country. The Embassy/ Consulate will handle the case from this point onwards, and it may take a few months to be assigned an interview appointment.

Here at Azadi Law, we make sure all applicants feel 100% confident and prepared for their Green Card interview. Our attorneys will send a copy of the appropriate file, provide a list of all the necessary documents to take to the appointment, and go through some sample interview questions, to prepare you.

Following a successful interview, the non-U.S. citizen child will receive a resident visa stamp inside their passport, permitting them to enter the United States. After paying the required USCIS Immigrant Fee ($220) online for the issuance of their physical Green Card (our attorneys will guide you through this process), the child's Green Card will be mailed to either their U.S. address or our office, depending on which is most convenient. This will typically arrive within 2-3 weeks of their arrival in the country.

Alternatively, following an NVC Application, your child may be eligible for automatic citizenship upon entering the United States according to the Child Citizenship Act of 2000. Please contact our office for further information about this option.

Future Citizenship

Following a successful Green Card application for a non-U.S. citizen child (under 21 and unmarried), said child will generally be eligible to begin the process of claiming U.S. citizenship four years and nine months after the date their initial 10-year Green Card was issued, as long as they are at least 18 years of age at that point (and meet all necessary criteria).

Non-U.S. Citizen Children Over the Age of 21 and/or Married

Obtaining a Green Card for a non-U.S. citizen son or daughter over the age of 21 and/or married (so they can move to the United States and reside there permanently) is absolutely possible, but tends to be a lengthy process. This is because these types of applications are generally given lower priority by U.S. immigration services. However, one significant benefit of this is that married children can bring their spouses and children with them, obtaining a Green Card for their whole family.

Exactly how long an application will take depends on:

• Whether the child over the age of 21 is married (will take longer) or unmarried (will take less time).
• Whether or not residency petitions for your child's nationality are "current"; this information is published in the visa bulletin issued every month by the Department of State. Currently, wait times are at approximately 9 years for unmarried children (over 21) and 14 years for married children (over 21).

If you would like to get started with the process, it is fairly straightforward. The first step is to file a Family Petition on behalf of your child, and pay the appropriate filing fee. This part of the process can be done at any time (is not visa bulletin-dependent). The purpose of this petition is to establish that you, the sponsoring parent (U.S. citizen), are the biological parent of the proposed beneficiary (your non-U.S. citizen child).

Following this, your non-U.S. citizen child will receive a receipt notice from USCIS containing what's called a priority date (normally the date that USCIS received the Family Petition). Only when the Department of State announces that Green Card applications within the month of this priority date have become "current", can we move on to the next step of the process.

NB: wait times for the processing and approval of Family Petitions vary widely between different processing centers, from 2.5 years to 10 years.

How To Know When a Non-U.S. Citizen Child (Over 21 and/or Married)'s Application is "Current"

Nowadays, the Department of State tends to inform applicants of this via the contact details provided in one's initial application. However, if said contact details change, this notification may pass you by. This is one of the many reasons why hiring an attorney to guide you through this process is essential; our legal team stays on top of all visa bulletin news and will notify you of any relevant updates, ensuring you don't "miss the boat". Applicants are given up to 1 year to file the next part of their residency application once theirs becomes "current". Anyone who fails to do so within this timeframe will have their case automatically closed.

Once a non-U.S. citizen child (over 21 and/or married)'s application becomes "current", the next steps will depend on whether they are applying from abroad (through a Consular Process via the National Visa Center) or from within the U.S. (via an Adjustment of Status).

The vast majority of residency applications for sons and daughters over 21 and/or married take place from abroad, simply because if one chooses an Adjustment of Status, they are required to maintain legal status in the U.S. throughout the application process. If they reside in the United States illegally at any point during this oftenlengthy wait time (including overstaying a tourist visa), they will no longer be eligible for a Green Card (except in very special circumstances). This is a very difficult requirement to meet, hence most people choose to apply from abroad.

National Visa Center Applications for Non-U.S. Children Over 21 and/or Married (from abroad)

If your non-U.S. citizen child (over 21 and/or married) is applying for a Green Card from abroad, once the aforementioned Family Petition is approved and their application becomes "current", their case will be transferred to the National Visa Center (NVC). At this point, they will be asked to provide more documentation to prove their nationality, demonstrate they have access to financial support in the U.S., and detail their previous interactions with law enforcement, if any.

Upon receipt of these documents, the NVC will decide whether or not the non-U.S. citizen child is eligible to move on to the next stage of the process; a mandatory interview at the U.S. Embassy or consulate of their home country. The Embassy/ Consulate will handle the case from this point onwards, and it may take a few months to be assigned an interview appointment.

Note: Here at Azadi Law, we make sure all applicants feel 100% confident and prepared for their Green Card interview. Your attorney will send you a copy of your file, provide you with a list of all the necessary documents to take to the appointment, and go through some sample interview questions to prepare you for the real thing.

Following a successful interview, the non-U.S. citizen child (over 21 and/or married) will receive a resident visa stamp inside their passport, permitting them to enter the United States. After paying the required USCIS Immigrant Fee ($220) online for the issuance of their physical Green Card (our attorneys will guide you through this process), their Green Card will either be mailed to a U.S. address or our office, depending on which is most convenient. This will typically arrive within 2-3 weeks of their arrival in the United States.

Adjustment of Status for Non-U.S. Children Over 21 and/or Married (from within the U.S.)

If a non-U.S. citizen child over 21 and/or married applies for a Green Card from within the U.S., as mentioned above, it is a requirement for them and any dependents (spouse, minor children) to maintain legal immigrant status throughout the entire process. Falling out of legal immigrant status at any point will make them ineligible for a Green Card, except in certain exceptional circumstances (contact our office for further information).

With that being said, the process will work as follows: once the aforementioned Family Petition has been approved and the non-U.S. citizen child (over 21 and/or married)'s application becomes "current", we must file a Permanent Residence Application. This establishes nationality and health status, confirms the applicant entered the United States lawfully, and demonstrates they can count on financial support from a U.S. citizen.

A few weeks after this application has been filed, USCIS will send a receipt to confirm they are processing it. This receipt allows the applicant (and any relevant dependents) to legally stay in the country until an official decision has been made on their case. A few months later, the applicant(s) will either be provided with a work permit (employment authorization document), travel permit (advanced parole), and Social Security Number (SSN), allowing them to work in the U.S. and travel freely in and out of the country, or USCIS will send a Request for Evidence (if, for any reason, more evidence is required to process their case).

A few months after this, most likely the applicant(s) will receive an appointment notice to attend a Residency (Green Card) Interview at their local USCIS office. Following a successful interview, they will receive a permanent residence Green Card in the mail, which is valid for 10 years.

Future Citizenship

Following a successful Green Card Application for a non-U.S. citizen child (over 21 and/or married), said child (and any relevant dependents) will generally be eligible to begin the process of claiming U.S. citizenship four years and nine months after the date their initial 10-year Green Card was issued, as long as they meet the necessary criteria (and are over 18 at this time).

+ Family Petition - Parents. Residency (a Green Card) through being the parent of a U.S. citizen.

There are various ways for U.S. citizens wishing to petition their non-U.S. citizen parent(s) to come to the United States and gain legal permanent residency (a Green Card). Want to find out more about the process? Keep reading...

U.S. Citizen Petitioning a Parent

It is relatively straightforward for a U.S. Citizen to petition their non-U.S. citizen parent for a Green Card, whether your parent is currently residing in the U.S. (through an Adjustment of Status) or abroad (through a Consular Process via the National Visa Center).

The first step is to file a Family Petition and pay the appropriate filing fee. The purpose of this petition is to establish that you, the sponsoring child (U.S. citizen), are the biological child of the parent you wish to sponsor.

Note 1: U.S. Citizens can also petition stepparents, as long as the stepparent has been married to the child's biological parent since before they turned 18 years old.

Note 2: If you were born to unmarried parents, additional documentation will be required to prove your relationship to your father.

The next step will differ, depending on whether your non-U.S. citizen parent is applying from abroad (skip to "National Visa Center Applications for Non-U.S. Parents") or from within the U.S. (read on).

Adjustment of Status for Non-U.S. Parents

If your parent is applying for their Green Card from within the United States, we will file a Permanent Residency Application along with the aforementioned Family Petition. This application establishes your parent's nationality and health status, confirms they entered the United States lawfully, and demonstrates they can count on financial support from a U.S. citizen.

A few weeks after these applications have been filed, USCIS will send a receipt to confirm that they are processing the case. This receipt allows your non-U.S. citizen parent to legally stay in the country until an official decision has been issued regarding their Green Card (permanent residency) application.

A few months after filing the application, your non-U.S. citizen parent will either be provided with a work permit (employment authorization document), travel permit (advanced parole), and Social Security Number (SSN), allowing them to work in the U.S. and travel freely in and out of the country, or USCIS will send a Request for Evidence (if, for any reason, more evidence is required to process the application).

A few months later, your non-U.S. citizen parent will either receive an appointment notice to attend a Residency (Green Card) Interview at their local USCIS office, or this interview will be waived and their Green Card will be sent out via mail.

Note to parents: If you are required to have an interview, we will make sure you feel 100% confident and prepared for this. Your attorney will provide you with a copy of your file and all of the necessary documents to take with you, as well as go through sample interview questions with you to prepare you for the real appointment. If you wish, an attorney can accompany you on the day of the appointment. If you need an interpreter, Azadi Law has qualified in-house interpreters who can provide this service for Spanish speakers.

Following a successful interview (or an approved application with no interview), your non-U.S. citizen parent will receive a permanent residence Green Card in the mail, which is valid for 10 years. Beyond these 10 years, please refer to "Future Citizenship" (below).

National Visa Center Applications for Non-U.S. Parents

If your non-U.S. citizen parent is living abroad during their Green Card application process, following the initial processing and approval of the aforementioned Family Petition, their case will be transferred to the National Visa Center (NVC).

At this point, they will be asked to provide more documentation to prove their nationality, that they have access to financial support in the U.S., and their previous interactions with law enforcement, if any.

Upon receipt of these documents, the NVC will decide whether or not the non-U.S. citizen parent is eligible to move on to the next stage of the process; a mandatory interview at the U.S. Embassy or consulate of their home country. The Embassy/ Consulate will handle the case from this point onwards, and it may take a few months to be assigned an interview appointment.

Note to parents: Here at Azadi Law, we make sure all applicants feel 100% confident and prepared for their Green Card interview. Your attorney will send you a copy of your file, provide you with a list of all the necessary documents to take with you, and go through some sample interview questions with you, to prepare you for the real thing.

Following a successful interview, your non-U.S. citizen parent will receive a resident visa stamp inside their passport, permitting them to enter the United States. After paying the required USCIS Immigrant Fee ($220) online for the issuance of their physical Green Card (our attorneys will guide you through this process), their Green Card will either be mailed to their U.S. address, or our office, depending on which is most convenient. This will typically arrive within 2-3 weeks of their arrival in the United States.

Future Citizenship

Following a successful family petition for a non-U.S. citizen parent, said parent will generally be eligible to begin the process of claiming U.S. citizenship four years and nine months after the date their initial 10-year Green Card was issued (as long as they meet the necessary criteria).

+ Family Petition - Siblings. Residency (a Green Card) through being the sibling of a U.S. citizen.

There are various ways for U.S. citizens wishing to petition their non-U.S. citizen sibling(s) to come to the United States and gain legal permanent residency (a Green Card). Want to find out more about the process? Keep reading...

U.S. Citizen Petitioning a Sibling

Obtaining a Green Card for your non-U.S. citizen sibling(s) (along with their spouse and any children under 21 years old) is absolutely possible, but tends to be a lengthy process. This is because sibling residency applications are given the lowest priority by U.S. immigration.

Exactly how long an application will take depends on whether or not residency (Green Card) petitions for your sibling's specific nationality are "current"; this information is published in the visa bulletin issued every month by the Department of State. Currently, wait times are at approximately 15 years.

However, if you would like to get started with the process, it is fairly straightforward. The first step is to file a Family Petition and pay the appropriate filing fee. This part of the process can be done at any time, and is not visa bulletin-dependent. The purpose of this petition is to establish that you, the sponsoring sibling (U.S. citizen), are the biological sibling of the proposed beneficiary (your non-U.S. citizen sibling).

Following this, your non-U.S. citizen sibling will receive a receipt notice from USCIS containing what's called a priority date (normally the date that USCIS received the Family Petition). Only when the Department of State announces that Green Card applications within the month of this priority date have become "current", can we move on to the next step of the process.

NB: wait times for the processing and approval of Family Petitions vary widely between different processing centers, from 2.5 years to 10 years.

How To Know When a Non-U.S. Sibling's Application is "Current"

Nowadays, the Department of State tends to inform applicants of this via the contact details provided in their initial application. However, if your contact details change, this notification may pass you by. This is one of the many reasons why hiring an attorney to guide you through this process is essential; our legal team stays on top of all visa bulletin news and will notify you of any relevant updates, ensuring you don't "miss the boat". Applicants are given up to 1 year to file the next part of their residency application once theirs becomes "current". Anyone who fails to do so within this timeframe will have their case automatically closed.

Once a non-U.S. citizen sibling's application becomes "current", the next steps will depend on whether they are applying from abroad (through a Consular Process via the National Visa Center) or from within the U.S. (via an Adjustment of Status). The vast majority of sibling residency applications take place from abroad, simply because of the requirement to maintain legal status throughout the application process. If a non-U.S. citizen sibling resides in the United States illegally at any point during this oftenlengthy wait time (including overstaying a tourist visa), they will no longer be eligible for a Green Card.

National Visa Center Applications for Non-U.S. Siblings (from abroad)

If your non-U.S. citizen sibling is applying for their Green Card from abroad, once their Family Petition is approved and their application becomes "current", their case will be transferred to the National Visa Center (NVC).

At this point, they will be asked to provide more documentation to prove their nationality, demonstrate they have access to financial support in the U.S., and detail their previous interactions with law enforcement, if any.

Upon receipt of these documents, the NVC will decide whether or not the non-U.S. citizen sibling is eligible to move on to the next stage of the process; a mandatory interview at the U.S. Embassy or consulate of their home country. The Embassy/ Consulate will handle the case from this point onwards, and it may take a few months to be assigned an interview appointment.

Note to siblings: Here at Azadi Law, we make sure all applicants feel 100% confident and prepared for their Green Card interview. Your attorney will send you a copy of your file, provide you with a list of all the necessary documents to take with you, and go through some sample interview questions with you, to prepare you for the real thing.

Following a successful interview, your non-U.S. citizen sibling will receive a resident visa stamp inside their passport, permitting them to enter the United States. After paying the required USCIS Immigrant Fee ($220) online for the issuance of their physical Green Card (our attorneys will guide you through this process), their Green Card will either be mailed to their U.S. address, or our office, depending on which is most convenient. This will typically arrive within 2-3 weeks of their arrival in the United States.

Adjustment of Status for Non-U.S. Siblings (from within the U.S.)

If a non-U.S. citizen sibling is applying for their Green Card from within the U.S., as mentioned above, it is a requirement for them to maintain legal immigrant status throughout the entire process. This is not an easy requirement to meet, as processes can take up to 15 years or more. Falling out of legal immigrant status at any point during this process will make them ineligible for a Green Card.

With that being said: once the aforementioned Family Petition has been approved and your non-U.S. citizen sibling's application becomes "current", we must file a Permanent Residence Application. This application establishes your sibling's nationality and health status, confirms they entered the United States lawfully, and demonstrates they can count on financial support from a U.S. citizen.

A few weeks after this application has been filed, USCIS will send a receipt to confirm that they are processing it. This receipt allows your non-U.S. citizen sibling to legally stay in the country until an official decision has been made on their case. A few months later, your non-U.S. citizen sibling will either be provided with a work permit (employment authorization document), travel permit (advanced parole), and Social Security Number (SSN), allowing them to work in the U.S. and travel freely in and out of the country, or USCIS will send a Request for Evidence (if, for any reason, more evidence is required).

A few months after this, most likely the non-U.S. citizen sibling will receive an appointment notice to attend a Residency (Green Card) Interview at their local USCIS office. Following a successful interview, they will receive a permanent residence Green Card in the mail, which is valid for 10 years.

Future Citizenship

Following a successful family petition for a non-U.S. citizen sibling, said sibling will generally be eligible to begin the process of claiming U.S. citizenship four years and nine months after the date their initial 10-year Green Card was issued (as long as they meet the necessary criteria)

+ Residency via Marriage. Residency (a Green Card) through marriage to a U.S. citizen or Green Card holder.

For immigrants who are married to a U.S. citizen or U.S. resident (current Green Card holder), there are various pathways and processes to obtain legal permanent residency (a Green Card) in the United States. This is highly beneficial, as legal permanent residents are free to live and work anywhere in the country and will eventually be eligible for U.S. citizenship (generally after a period of three years, if they remain married).

Below, we will discuss the following options in more detail:

• adjustment of status (from within the U.S.) or consular processing (from outside of the U.S.) once married to a U.S. citizen or lawful permanent resident (F2A)
• removal of conditions (converting a 2-year Green Card into a 10-year Green Card)
• future citizenship
• the impact of divorce on your residency status.

Adjustment of Status

If you are currently in the United States, last entered the United States legally (with either a Visa or a Waiver), and are legally married to a U.S. citizen or resident, you can file for an adjustment of status from within the U.S. to become a legal permanent resident (Green Card holder). Generally, we recommend that you do not do this during the first 90 days of your stay in the U.S., as this is often frowned upon by immigration services (it can be presumed that you entered the country with the intent to file for Residency rather than stick to the terms of your Visa/Waiver).

An adjustment of status application involves the filing of two main forms, sent on behalf of your spouse (a U.S. citizen or current Green Card holder) to USCIS. Both of these forms have a set filing fee.

The first of these is the I-130 form (“Petition for Alien Relative”). The purpose of this form is to establish that:

a) The sponsoring spouse is indeed a U.S. citizen or permanent resident (supporting documents include a copy of your spouse’s birth certificate, a valid U.S. passport photo page, a copy of your spouse’s Green Card, etc.)

b) A legally valid marriage exists (supporting documents include a marriage certificate showing the names of both spouses, as well as the place and date of the marriage)

c) The marriage is not fraudulent (supporting documents include joint bank account statements, pictures together, a joint lease, etc.)

d) Any previous marriage of either spouse has been officially terminated (a divorce document must be included).

The second is the I-485 form (“Application to Register Permanent Residence”), which is mainly to establish:

a) Your nationality, as the potential beneficiary (supporting documents include a copy of your birth certificate, passport photo page, etc.)

b) Your previous lawful entry to the United States (supporting documents include a copy of your I-94 travel record, your previous U.S. Visa, etc.)

c) Your current health status, as examined by a USCIS-approved doctor (medical examination records must be included)

d) Your spouse’s ability to financially support you (supporting documents include tax returns, pay stubs, and Form I-864)

Note: for spouses of U.S. Green Card holders (as opposed to U.S. citizens), depending on your nationality, there are varying wait times to be able to file this form depending on Green Card availability in the visa bulletin, determined by the U.S. Department of State. Please feel free to contact our offices for more information about whether or not F2A is “current”.

A few weeks after your adjustment of status application has been sent, USCIS will send a receipt of this application to confirm that they are processing it. This receipt allows you to legally stay in the country until an official decision has been issued regarding your Green Card (permanent residency) application.

A few months after filing the application, you will either be provided with a work permit (employment authorization document), travel permit (advanced parole) and Social Security Number (SSN), allowing you to work anywhere you like within the U.S. and travel freely in and out of the country, or USCIS will send your spouse (the sponsoring party) a Request for Evidence (if for some reason more evidence is required to process your application).

It will then take a further few months for you to receive your appointment notice for your Residency (Green Card) Interview. Both you and your spouse are required to attend this interview at your local USCIS office. A U.S. immigration officer will ask you questions regarding the legitimacy of your marriage, for example, your relationship history, your daily activities, and your future plans together, to ensure that your marriage is not solely for immigration purposes.

Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file and provide you with a list of all the necessary documents to take to your interview. They will also go through some sample residency interview questions with you and your spouse, to prepare you both for the real appointment. If you wish, an attorney can accompany you on the day of the appointment. If you need an interpreter, Azadi Law has qualified in-house interpreters who can provide this service for Spanish speakers.

Following a successful interview, you will receive a conditional residence Green Card (CR-1), which is valid for 2 years. The physical Green Card will typically arrive by mail within 2-3 weeks after your interview. You will only be given a permanent residence reen Card (IR1, valid for 10 years) if you have been legally married for 2 years or more on the day of your interview.

90 days before your conditional residence (Green Card) expires, you will be able to apply for this 10-year Green Card via a Removal of Conditions application. Please see below for more information; we would be happy to help you with this process.

Consular Process

If you are married to a U.S. citizen or current Green Card holder and would like to move to the United States, but you are currently living abroad (either for personal reasons or because you do not have a visa/waiver to enter the U.S. for work, study, or tourism purposes), you will need to apply for legal permanent residency through Consular Processing.

The first step to this process is for your spouse (acting as your Green Card sponsor) to file the I-130 form (“Petition for Alien Relative”), paying the corresponding filing fee (separate to your attorney's fees). The purpose of this form is to establish that:

a) The sponsoring spouse is indeed a U.S. citizen or permanent resident (supporting documents include a copy of your spouse’s birth certificate or Green Card, a valid U.S. passport photo page, etc.)

b) A legally valid marriage exists (supporting documents include a marriage certificate showing the names of both spouses, as well as the place and date of the marriage)

c) The marriage is not fraudulent (supporting documents include joint bank account statements, pictures together, a joint lease, etc.)

d) Any previous marriage of either spouse has been officially terminated (a divorce document must be included).

This petition can take several months to be approved, depending on the office that processes it. Once approved, your case will be transferred to the National Visa Center (NVC), at which point your spouse will be asked to provide more documentation, including Form DS-260 (Green Card application filed online), documents that prove his/her ability to financially support you, proof of your nationality, and a copy of a police clearance certificate detailing your previous interactions with law enforcement, if any.

Upon receipt of these documents, the NVC will decide whether or not you are eligible for an interview at the U.S. Embassy or consulate of your home country, and if so, will transfer your case to them. It may take up to 3 months for you to be assigned an interview appointment.

Here at Azadi Law, we make sure you feel 100% confident and prepared for your Green Card interview. Your attorney will send you a copy of your file, provide you with a list of all the necessary documents to take with you, and go through some sample residency interview questions with you, in order to prepare you for the real appointment. In the case of consular processing, your spouse (a U.S. citizen or Legal Permanent Resident) is not required to attend this interview with you.

Following a successful interview, you will receive a resident visa stamp inside your passport, which permits you to travel to the United States. Your attorney will then guide you through the payment process of the USCIS Immigrant Fee ($220), which must be paid online in order for your physical Green Card to be issued; it is recommended you pay this fee before leaving for the U.S.

Your Green Card will be mailed to either your U.S. home address or our office, depending on which is most convenient for you, and will typically arrive within 2-3 weeks of your arrival in the country.

Removal of Conditions

To convert a 2-year Green Card into a 10-year Green Card, it is necessary to file a Removal of Conditions application (I-751). This is not something that is automatically approved.

Some Removal of Conditions applications are more straightforward than others. For example, there is a very good chance of approval if you are still married, and continue to demonstrate that your marriage is legitimate and not solely for immigration purposes; in such a situation, you will often not even be required to attend an interview, and your application will be approved without this step.

However, if you have got divorced within the initial 2-year residency period and wish to remain in the country despite this, the Removal of Conditions process can be a little more complicated. It is important to clarify that your case will not be denied solely on the basis that you have filed for divorce. However, you will need to file your petition accordingly; this often means that more detailed and ample evidence will be required to show your marriage was entered into in good faith and was not fraudulent, and that if you do not have sufficient evidence, you (and possibly your es-spouse) will be asked to attend an interview.

If you don’t have sufficient evidence, but you filed for divorce due to physical or mental abuse by your U.S. citizen ex-spouse, you should state this on your Removal of Conditions application, as this can influence the outcome of your case.

Here at Azadi Law, our expert attorneys have the in-depth knowledge and experience necessary to guide you through this process. We will also make sure you feel 100% confident and prepared for your interview, if you are asked to attend one. If you wish, an attorney can also accompany and represent you on the day of the interview.

Future Citizenship

If you remain married to your U.S. citizen spouse, you will generally be eligible to claim U.S. citizenship three years after the date your initial 2-year Green Card was issued.

If you are no longer married but you have been granted a 10-year Green Card, you will mostly likely be granted citizenship five years after the date your initial 2-year Green Card was issued.

With expert knowledge and insight into U.S. Residency via Marriage protocol, Azadi Law P.A. provides you with all of the legal services, advice and support you require to guide you through the above-detailed application processes.

Would you like to discuss your personal situation in more detail? Contact us today to book a consultation!

+ K-1 (Fiancé) Visa. U.S. fiancé visa before applying for residency (a Green Card) through marriage to a U.S. citizen.

If you are engaged to a U.S. citizen, you may obtain legal permanent residency (a Green Card) in the United States. This is highly beneficial, as legal permanent residents are free to live and work anywhere in the country and will eventually be eligible for U.S. citizenship (generally after a period of three years, if you remain married).

Below, we will discuss the following processes in more detail:

• the Fiancé (K1) Visa
• your subsequent adjustment of status (from within the U.S.) once you are married, to become a Legal Permanent Resident
• removal of conditions (converting a 2-year Green Card into a 10-year Green Card)
• future citizenship
• the impact a divorce may have on your residency status

Fiancé (K-1) Visa

If you are engaged but not yet married to your partner (who must be a U.S. citizen) and you would like to come to the United States to live with your partner before getting married, you can apply for a K-1 Visa. You should hire a qualified immigration attorney before beginning this process, as it is essential that the process and paperwork are completed correctly.

For your K-1 Visa application to be approved, you must be able to prove to USCIS and, subsequently, the National Visa Center, that the relationship between you and your partner is legitimate and long lasting. Proof that you and your fiancé have physically been together at some point over the past 2 years is generally required (although some exceptions can be made for religious reasons). Your attorney will guide you on the relevant documentation needed to prove these things.

Once your K-1 Visa application has been sent off, processed, and approved, an interview will be scheduled at the U.S. Embassy in your home country. Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your visa file and a list of sample interview questions about your relationship. We will also schedule a mock interview with you, to prepare you for the real one.

After your interview is over, if you are approved, your passport will be taken and returned to you a few days later with a K-1 visa inside of it.

You will then be permitted to enter the U.S. as an engaged person, on the condition that you will legally marry your partner within 90 days of your arrival in the United States. If you fail to get married before that date and do not keep to this agreement, you will not be allowed to apply for residency through any other process; you will either have to leave the country or remain in the U.S. illegally.

Once you are married, in order to convert your K-1 immigrant status to legal permanent resident status, you will need to apply for an adjustment of status. Read on for more information about this option.

Adjustment of Status

If you last entered the United States legally (with your valid K-1 visa) and you are now married to a U.S. citizen, you can file for an adjustment of status to become a legal permanent resident (Green Card holder).

An adjustment of status application involves the filing of two main forms, sent by your U.S. citizen spouse to USCIS. Both of these forms have a set government filing fee (separate to your attorney's fees). The first of these is the I-130 form (“Petition for Alien Relative”). The purpose of this form is to establish that:

a) The sponsoring spouse is indeed a U.S. citizen (supporting documents such as a copy of your spouse’s birth certificate, a valid U.S. passport photo page, etc. must be provided.)

b) A legally valid marriage exists (supporting documents such as a marriage certificate showing the names of both spouses, as well as the place and date of the marriage, must be included.)

c) The marriage is not fraudulent (supporting documents such as joint bank account statements, pictures together, a joint lease, etc. must be included.)

d) Any previous marriage of either spouse has been officially terminated (a divorce document must be included).

The second is the I-485 form (“Application to Register Permanent Residence”), which is mainly to establish:

a) Your nationality, as the potential beneficiary (supporting documents must be included, such as a copy of your birth certificate, passport photo page, etc.)

b) Your previous lawful entry to the United States (supporting documents must be included, including a copy of your I-94 travel record, your previous U.S. Visa, etc.)

c) Your current health status, as examined by a USCIS-approved doctor (medical examination records must be included)

d) Your spouse’s ability to financially support you (supporting documents must be included, such as tax returns, pay stubs, and Form I-864)

A few weeks after your adjustment of status application has been sent, USCIS will send a receipt of this application to confirm that they are processing it. This receipt allows you to legally stay in the country until an official decision has been issued regarding your Green Card (permanent residency) application.

A few months after filing the application, you will either be provided with a work permit (employment authorization document), travel permit (advanced parole) and Social Security Number (SSN), allowing you to work anywhere you like within the U.S. and travel freely in and out of the country, or USCIS will send your spouse (the sponsoring party) a Request for Evidence if for some reason more evidence is required to process your application.

It will then take a further few months for you to receive your appointment notice for your Residency (Green Card) Interview. Both you and your spouse are required to attend this interview at your local USCIS office. U.S. immigration will ask you questions regarding the legitimacy of your marriage, for example, your relationship history, your daily activities and your future plans together, to ensure that your marriage is not solely for immigration purposes.

Here at Azadi Law, we make sure you feel 100% confident and prepared for your interview. Your attorney will send you a copy of your file and provide you with a list of all the necessary documents to take to your interview. They will also go through some sample residency interview questions with you and your spouse, in order to prepare you both for the real appointment. If you wish, an attorney can accompany you on the day of the appointment. If you need an interpreter, Azadi Law has qualified in-house interpreters who can provide this service for Spanish speakers.

Following a successful interview, you will receive a conditional residence Green Card (CR-1), which is valid for 2 years. The physical Green Card will typically arrive by mail within 2-3 weeks of your case approval. You will only be given a permanent residence Green Card (IR1, valid for 10 years) if you have been legally married for 2 years or more on the day of your interview.

90 days before your conditional residence (Green Card) expires, you will be able to apply for this 10-year Green Card via a Removal of Conditions application. Please see below for more information about this; we would be happy to help you with this process.

Removal of Conditions

To convert a 2-year Green Card into a 10-year Green Card, it is necessary to file a Removal of Conditions application (I-751). This is not something that is automatically approved, so special care and attention must be taken.

Some Removal of Conditions applications are more straightforward than others. For example, there is a very good chance of approval if you are still married, and continue to demonstrate that your marriage is legitimate and not solely for immigration purposes; in such a situation, you will often not even be required to attend an interview, and your application will be approved straight away.

However, if you have got divorced within the initial 2-year residency period and wish to remain in the country despite this, the Removal of Conditions process can be a little more complicated. It is important to clarify that your case will not be denied solely on the basis that you have filed for divorce. However, you will need to file your petition accordingly; this means that more detailed and ample evidence will be required to prove your marriage was entered into in good faith (was not fraudulent). If USCIS believes you do not have sufficient evidence, you (and possibly your ex-spouse) will be asked to attend an interview.

Note: if you do not have sufficient evidence, but you filed for divorce due to physical or mental abuse by your U.S. citizen ex-spouse, you should state this on your Removal of Conditions application, as this can influence the outcome of your case.

Here at Azadi Law, our expert attorneys have the in-depth knowledge and experience necessary to guide you through this process. We will also make sure you feel 100% confident and prepared for your interview, if you are asked to attend one. If you wish, an attorney can also accompany and represent you on the day of the interview.

Future Citizenship

If you remain married to your U.S. citizen spouse, you will generally be eligible to claim U.S. citizenship three years after the date your initial 2-year Green Card was issued. If you are no longer married but you have been granted a 10-year Green Card, you will mostly likely be granted citizenship five years after the date your initial 2-year Green Card was issued.

Would you like to discuss your particular situation in more detail? Contact us today to book a consultation!

+ VAWA (Violence Against Women Act). Residency for victims of abuse by a U.S. citizen or resident (Green Card holder) spouse/ex-spouse.

If you are male or female and can prove that you have been subject to physical, sexual or emotional abuse by your spouse who is either a U.S. Citizen or a Lawful Permanent Resident (whether or not you have officially filed for divorce because of this), you may qualify for relief under the Violence Against Women Act (VAWA).

Certain sections of this Act provide immigration benefits to spouses, parents or children who have fallen victim to abuse by U.S. Citizens. Victims who qualify for these benefits do not have to rely on their abusers to help them obtain legal status in the United States. Instead, they have the ability to self-petition USCIS in order to receive a Green Card.

For victims whose abusive spouses or ex-spouses are Lawful Permanent Residents, once said spouse becomes eligible for Citizenship, under VAWA, officially so will you. Please feel free to contact us to understand more about this process, and what we can do in the meantime.

Please note the following conditions to qualify for a Green Card under VAWA:

• You must be able to prove that you originally entered into the marriage with your abusive spouse in good faith, and not solely for immigration purposes.
• You must have lived with your abusive spouse at some point, although there is no minimum length of time required.
• You must be a person of good moral character (for example, without a criminal record, not a habitual alcohol or drugs user, not somebody with an illegal gambling habit, etc.)
• You must currently be residing in the United States, unless the abuse you suffered occurred in the U.S. causing you to flee, or your abusive spouse is a U.S. government or armed forces employee.

It is possible to file a petition under VAWA even if your abuser has since lost his or her U.S. permanent residency or citizenship. It is also possible to amend your petition for residency via marriage, from a married status to an abused spouse status, up until the day of your Green Card interview.

With expert knowledge and insight into VAWA protocol, Azadi Law P.A. provides you with the legal services, advice and support you require to guide you through the above-detailed process.

Would you like to discuss your personal situation in more detail? Contact us today to book a consultation.