When an alien (non-U.S. citizen) falls in love with an American citizen and wants to become a permanent resident of the United States, a good faith marriage to the U.S. citizen is often the best way for the foreign national to get a green card. The purpose of this website is to explain how and why this is so.
There are several reasons why marriage to a U.S. citizen is the best way for a non-U.S. citizen to get a greencard. First, there is no annual limit or “quota” on the number of greencards available to alien spouses of U.S. citizens. Thus, a foreigner can apply for a green card as soon as the marriage takes place.
Second, as long as he or she entered the U.S.A. legally, a U.S. citizen’s alien spouse can adjust status to that of a permanent resident even if he or she stayed longer than allowed or worked in the United States without permission. (In some cases, an immigrant that entered the U.S. illegally still may be able to get a green card.) In contrast, foreigners seeking a green card through means other than marriage to a US citizen may be ineligible if they overstayed or worked illegally.
Third, the alien spouse can get a work permit when he or she applies for the green card, which allows the alien to work legally while USCIS (the government agency that took over the responsibility for issuing greencards inside the United States from INS) processes the application. Also, if the alien has not overstayed in America for more than 180 days, he or she can get permission to travel outside the U.S. (called advance parole) while the application is pending.
As an additional benefit, anyone that gets a green card as a result of marrying an American can apply to become a United States citizen (a procedure called “naturalization”) after only three years. Permanent residents who get their green cards by other means have to wait five years to apply for citizenship.
Unfortunately, getting a green card through marriage to a U.S. citizen is not as easy as many people think. The process is long and confusing. There are many traps for potential immigrants unfamiliar with United States immigration law and procedure. Making one mistake can cause delay or even denial of an application. As a result, hiring a knowledgeable immigration lawyer is always prudent -- in many cases it is the difference between success and failure.
US Citizenship and Immigration Law Group is the trade name of Andrew T. Karlin, Esq., an experienced immigration attorney in Santa Monica, California (a beachside city in the Los Angeles metropolitan area easily accessible from all counties in Southern California). In his 15 years of helping people achieve their dream of living and working legally in the United States, Mr. Karlin has helped innumerable foreign nationals obtain green cards. If you would like Mr. Karlin and the dedicated staff of US Citizenship and Immigration Law Group to help you realize your American dream, contact us today!
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