FAQs
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Q: Do I need an attorney to get a green card through marriage to a U.S. citizen?
A: There is no requirement that a green card petitioner or beneficiary hire an attorney. However, the USCIS (formerly the “INS” and “BCIS”) and U.S. State Dept. deny around half of the green card and immigrant visa applications filed, and the majority of these denials occur in cases where the applicant did not hire an attorney.
The obvious reason why people who represent themselves have their applications denied is because they make mistakes that a competent immigration attorney would not make. Even if a mistake does not result in outright denial, it will often cause significant delay. And once a case is delayed, attorneys often charge more to correct the error and get the case back on track than they would have charged to take on the case from the beginning.
A less obvious reason why a USCIS or State Dept. official is more likely to deny a case where the applicant represents him or herself is because it is easier to reject a petition or application when no attorney is involved. A petitioner or beneficiary untrained in the law and intimidated by the complex immigration process is unlikely to know whether the denial is justified, ill-equipped to challenge the officer denying the application initially, and rarely capable of appealing the denial successfully.
Competent immigration lawyers are expensive – but because lawful permanent residence in the United States is so valuable, if a person can afford a lawyer, the green card process is not an area where prudent people try and save a few dollars.
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Q: How do I find a good attorney?
A: First, you have to know what makes an attorney “good.” To be good, an attorney must be knowledgeable and experienced in the area in which you need assistance. Equally important, the attorney must be committed to solving your problem rather than viewing your problem as a way to make as much money as possible off of you.
Determining a lawyer’s skill is not easy, but there are clues. If an attorney creates a detailed website, writes articles, and is a member of the American Immigration Lawyers Association, he or she is probably pretty knowledgeable. Giving straightforward answers to a prospective client’s questions also suggests legal skill.
Figuring out whether a lawyer is fair, honest and reasonable is more difficult. A person’s instincts are probably the best guide on this issue.
If reviewing this website does not convince you that I am experienced and knowledgeable when it comes to immigration law, then nothing I say here is going to convince you of this fact. As for my commitment to my clients, I charge more than some immigration lawyers, but do so because I don’t want to have a practice where I charge so little that I need hundreds of cases just to make a living. I prefer to have a manageable caseload so I can give each client proper attention.
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Q: Can I get a greencard through marriage to a US citizen even if I entered the country without being inspected by an immigration officer?
A: If you entered the country without being inspected by an immigration officer and want to process your lawful permanent residency application from inside the United States, in most cases you can do so only if a family or employment based petition was filed for you on or before April 30, 2001, you pay a $1,000 penalty, and you meet other criteria.
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Q: Can I get a greencard through marriage to a US citizen from inside the United States if I entered the country legally but stayed longer than permitted?
A: Generally, yes. One of the benefits of becoming a lawful permanent resident through marriage to an American citizen is that you can adjust status to that of a green card holder from inside the US even though you overstayed.
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Q: Can I get a green card through marriage to a US citizen from inside the United States if I worked without permission?
A: Generally, yes. Another advantage of becoming a lawful permanent resident through marriage to an American citizen is that you can adjust status to that of a green card holder from inside the US even though you worked without authorization.
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Q: How long does it take to get a greencard through marriage to a US citizen from inside the United States?
A: Most recently, it takes between six and ten months from the date of filing to get an interview. Assuming the interview is successful, USCIS mails the green card within two weeks of the interview. Individual cases may vary, and many factors can delay a case, though.
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Q: How long does it take to get a greencard through marriage to a US citizen from outside the United States?
A: Most recently, it takes between ten and fifteen months to complete the process. Individual cases may vary, and many factors can delay a case, though.
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Q: Can I work while my green card application is pending if I am inside the United States and don’t otherwise have a status that allows for employment?
A: Yes, as long as you apply for and receive an Employment Authorization Document, which is also known as a work permit. You can apply for a work permit when you file your green card application by submitting Form I-765.
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Q: Can I travel outside America while my green card application is pending if I filed it while inside the United States?
A: Yes, as long as you apply for and receive a Travel Document Document, which is also known as “Advance Parole.” You can apply for Advance Parole when you file your green card application by submitting Form I-131. Note though, that if you have been out of status for 180 days or more, USCIS will grant you Advance Parole, but the CBP may bar you from re-entering the US if you leave before you get become a lawful permanent resident. You may be barred from returning to the US for up to 10 years, depending on how long you were out of status while in the US. Therefore, you should always consult a lawyer before leaving the US if you have a green card application on file.
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Q: How long do I have to be a lawful permanent resident of the US before I can become an American citizen.
A: Three years if you obtained your green card through marriage to a U.S. citizen. In all other cases, five years.
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Q: I’ve heard that if I get a green card through a marriage to a United States citizen, my status as a lawful permanent resident isn’t really permanent. Is this true?
A: It depends. If your marriage is less than two years old when you receive your green card, it will be issued “conditionally.” That means that your status s a lawful permanent resident will expire two years after issuance unless you and your U.S. citizen spouse take steps to make the conditional green card permanent. These steps include filing a Petition to Remove Conditional Status (or for a waiver of the petition requirement) through submission of Form I-751.
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