Immigration Law Videos

What are the requirements to file an adjustment of status if I am married to US citizen?

  • The interview should go rather smoothly if you have thoroughly documented the case.
  • The process can get complicated or it may not be. It really depends on what immigration officer you’re going to have. At least that’s been my experience.
  • If it’s a marriage case and it’s a short relationship before you got married and there’s not a lot of supporting documents showing the validity of the marriage, the officer may separate each one of you and conduct and interview.
  • At that type of an interview, the attorney is able to be in the interviewing room with each person. It really depends on the case. If you’ve documented the case very thoroughly and you have children, for example, the interview should go rather quickly.
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How can I sponsor my spouse, children or parents as a Green Card holder? What’s the waiting time?

  • As a permanent resident, you can apply for your spouse and children.
  • You cannot apply for your parents. Only a US citizen can apply for parents. However, for your spouse and for your children, they do go on waiting lists. It’s called the preference category.
  • For spouse and children under the age of 21, they’re in a 2A preference category.
  • Right now, for example, if you’re from Mexico, there’s probably about a two-year waiting period.
  • If you want to petition for a son or daughter that’s over the age of 21 and you’re from Mexico, the waiting period on paper, if you file today, is 20 years. In reality, it’s over 100 years. There’s a lot of issues.
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I have been out of the country for a year, as a green card holder can I apply for citizenship?

  • The problem is, if you stay outside of the United States for more than one year, immigration is going to look at that.
  • The statutes state that you’ve broken your continuous residence in the United States. You’re not going to be eligible for citizenship right away. You will have to stay in the United States to reconcile the loss of physical presence.
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Can I travel when my naturalization application is pending?

  • Yes, but be very careful that you don’t stay out of the United States for more than six months
  • If you have an issue with physical presence where you have to have at least half your time in the United States make sure that you don’t stay out of the United States where it affects that physical presence.
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Read Our Latest Blog Posts

  •  Who Is Eligible for an F2 Visa?
  •  What Is an Adjustment of Status vs. Consular Processing?
  •  How Do I Apply for an EB-1 Visa?
  •  What Happens During the Fiancé Visa Interview?