Immigration Lawyer & Family Law Attorney

There are certain factors that an immigrant has to consider to gain permanent residency and be able to live in the country. For spouses of U.S. citizens, overstays after lawful entry are generally forgiven for adjustment of status purposes. If filing an adjustment of status inside the U.S., the foreign spouse can apply for a work permit. If the foreign spouse is inside the U.S. after a lawful entry, adjustment of status may be available.
To help ease the burden on you, it’s a smart idea to look for an immigration lawyer. Lincoln-Goldfinch Law – Abogados de Inmigración has uscis immigration lawyer helped spouses of citizens and residents gain their Green Cards. The lawyers at the firm have extensive experience handling residency concerns, increasing your chances of getting approval.

Yes, if you’re married to a U.S. citizen, you can often adjust status despite an overstay, as immediate relatives are generally exempt from unlawful presence bars for this purpose (INA § 212(a)(9)(B)(iv)). However, complex cases—like prior removal orders—require legal guidance to address inadmissibility. Curious about how age gaps affect marriage green card applications? Learn about USCIS scrutiny, red flags, and effective navigation strategies... The U.S. citizen or permanent resident spouse must demonstrate the ability to financially support the non-citizen spouse above a certain income threshold. This requirement ensures that the non-citizen will not become a public charge.
Several work visas—like the H-1B category— are also specifically designed for “dual intent,” meaning that workers can apply for a green card without jeopardizing their current status. Most people applying for green cards from within the United States will be required to leave the country and apply through consulates abroad under sweeping changes announced by the Trump Administration this week. Unlock career opportunities in the United States with our Work Visa services. We assist employers and professionals with obtaining H-1B, O-1, and other employment-based visas, ensuring that you meet all requirements for working legally in the U.S.
Understanding and being prepared for these potential issues can help couples navigate the application process more effectively. Here are common issues and challenges that couples may encounter. At the same time, marriage green card cases are highly fact-specific and often require strong supporting documents, careful legal review, and a clear presentation of the relationship and eligibility requirements. Because of that, it is important to approach the case with a clear strategy and a well-prepared filing. If you are seeking a green card through marriage, it is important to make sure that your case is prepared properly.

Navigating the complex process of obtaining a Green Card through marriage, ensuring a future with your loved ones in the U.S. Gustav Hyacinth is from Canada, he is on an H1B visa, he fell in love with his co-worker, who is a pretty U.S. citizen, they decided to get married. Firm attorneys are licensed in good standing in New York, New Jersey, Maryland, District of Columbia, and  Michigan (see attorney profile pages). Further, this information is not intended to create an attorney-client relationship. No, attempting this process alone is extremely risky. Immigration law’s complexity means too much can go wrong without the right guidance.
Delays in processing can cause anxiety and uncertainty for couples. Staying informed about the current processing times and maintaining open communication with USCIS can help manage expectations and address concerns. Following the biometrics appointment, USCIS will schedule an interview for the couple. The interview is a crucial step to evaluate the authenticity of the marriage and  ensure compliance with immigration laws.

It means anticipating their concerns, addressing their questions, and providing reassurance when they need it most. We consider each case carefully, proposing personalized strategies that best align with our clients’ unique circumstances. This people-centered approach sets us apart and is, we believe, integral to our success.
However, there are many factors that can affect the timeline of legally immigrating. Yes, you must maintain your permanent residence here. The law requires you to treat the United States as your actual home.
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.

There are three primary reasons that you should have an attorney help with preparing and filing the forms for your marriage based green card. First, if you are in a position where you are unclear about what the forms are asking because of a language barrier. Second, if you believe that you could complete the forms, but you want the process to be handled smoothly and efficiently. Third, if you anticipate a problem with your case and are unsure how to best proceed.
After USCIS accepts the adjustment application for processing (though this is no longer a sure thing, as discussed next), the immigrant's road to a green card should be reasonably smooth. They should be able to stay in the United States for the entire application process. This will likely take a year or so, depending on backlogs at the local USCIS office. Nevertheless, it's important to remember that their status isn't entirely secure until approval for a green card, particularly if they spent time in the United States illegally.

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.
Gathering strong documentation, such as joint financial records, photographs, and affidavits, is critical to supporting the petition. A marriage-based green card is a pathway to lawful permanent residence for foreign nationals married to a U.S. citizen or lawful permanent resident spouse. This process involves proving the authenticity of the marriage, and our experienced immigration lawyers can guide you through the intricacies. Accurate and comprehensive documentation is crucial for a successful green card application. Essential documents include proof of the sponsoring spouse’s U.S. citizenship or lawful permanent resident status, such as a birth certificate, passport, or green card. A valid marriage certificate is needed to establish the marital relationship and proof of termination of any prior marriages, like divorce decrees or death certificates.