Legal Question in Immigration Law in Minnesota

Re: Married to Green card holder

Sure, you would need to file an immediate relative petition and for LPR status. You can also get work authorization and advance parole to travel. The time for the LPR status to be approved is about 1 year. The work authorization and advance parole take just a few months.

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Re: Married to Green card holder

First, congratulations on your marriage! I suggest that you do consult with an attorney. Marriage to a green card holder does not automatically provide status to you, and in some ways complicates your current status. You will want to look into your spouse's options regarding obtaining U.S. citizenship, and your ability to retain student or other non-immigrant status to cover the wait for status for your self based upon marriage.

Please contact me if you would like to discuss your situation. Given your location, we would need to set a time for a phone consultation or use email.

I look forward to hearing from you and wish you well with your new marriage.

Also, please note that I do not charge for initial consultations.

Best wishes.

Re: Married to Green card holder

You do not NEED a lawyer to get through the process, but sometimes it can speed things up. make sure, therefore, that if you're going to hire a lawyer, that you thoroughly research the track history. I suspect that all reputable immigration lawyers are on-line and so, do your research.

As far as doing it yourself, you can read a tremendous amount of information on the Homeland Security website (they used to be the INS). Website is www dot uscis dot gov

Re: Married to Green card holder

Your husband must petition for you to become a permanent resident. It will take at least 1 yr for BCIS to approve the petition, and when it is approved you will receive CONDITIONAL permanent resident status. The condition can be removed after 2 yrs.

After three years from receiveng your family-based green card you will be able apply for citizenship.

I definitely advise using a lawyer, although you do not have to. I have personal experience of too many cases delayed or denied for lack of adequate representation.

Please let me know if I can be of assistance in this matter.

Re: Married to Green card holder

If you are married to a Green Card holder, you are also eligible for a Green Card. You have a wait, however, based on "quota" limitations. Apply as soon as possible to get an early Priority Date from the U.S. Department of State and ensure that your petitions are prepared extremely properly.

If your marriage to a Green Card holder has been for less than two years, you will obtain a "Conditional Green Card" through marriage. After two years has elapsed, the "condition" must be removed, or the Green Card will lapse. This is due to the fact that the USCIS (formerly known as the "INS") must verify that the marriage was legitimate before issuing you a Permanent Green Card. If for some reason the USCIS doubts the legitimacy of the marriage, then the case may be referred to the USCIS Fraud Unit and the Green Card can be denied.

If you are in the U.S. on a student visa (F-1), there will most likely be complications in applying for a Green Card through marriage. Before taking any further action, we recommend that you contact a reputable and knowledgeable immigration attorney before filing your case.

We would be happy to assist you. Please contact us at (212) 618-1830.