| US Immigration By Marriage to a US Citizen |
Obtaining a green card by marriage to a US citizen.
Marrying a US citizen has always been one of the easiest way to obtain U.S.
permanent resident ("green card"). Unfortunately, this has always been one of the
fields where the incidence of fraud is rampant, and therefore one closely scrutinized by
US Immigration authority.
By itself, marriage to a U.S. citizen does not automatically provide any status. The
applicant ("beneficiary" in US Immigration parlance) has to apply for his or her green
card, proving that the spouse is a US citizen, that the marriage took place in good faith
and not solely for immigration purposes, and that the beneficiary is otherwise entitled
to the immigrant visa requested.
There is some confusion, even with USCIS adjudicators, as to whom is entitled and
when to grant or not grant a green card based on marriage to a US citizen. Contrary to
popular believe, some persons cannot apply from within the US, and must travel back
home, only to be confronted with a 3 or 10 year bar due to prior immigration violations.
A waivers of grounds of inadmissibility will be necessary for these persons, which
must be often motivated to "extreme hardship" to the qualifying US relative (generally,
a husband, wife, or parent. Sometimes but not always the qualifying relative for a
hardship waiver can be a minor US citizen child).
It therefore of the outmost importance to determine at the outset whether the
beneficiary is entitled to the immigrant visa, and additionally whether or not the
beneficiary can adjust from within the United States or must travel back home and
apply at the local US Consulate or US Embassy (Consular Processing).
It is also imperative to determine whether any grounds of inadmissibility exxist that will
render moot or harmful filing for permanent residence based on marriage.
Sometimes, hard decisions must be made as to the future of the family, and it is
important to consult with an experienced immigration attorney to determine exactly the
likelihood of success.
Some other times, the spouse or fiancee' is not in the United States and wants to
know in advance what is the best immigration strategy: whether to get married before
or after an immigrant petition is filed, whether he or she could travel to the United
States on a visitor visa and then adjust status to permanent resident (a strategy we do
not endorse as it could raise issues of preconceived intent to marry and therefore
fraud and misrepresentation at the time of visa issuance or admission to the United
States). Lastly, many aliens seek a Fiancee' Visa (K-1 visa) do gain entry to the US
and marry within 90 days.
Other times, it is possible for the couple to get married abroad, file an immigrant visa
petition as immediate relative of a US citizen, and then request a Marriage Visa (K-3
visa) to proceed to enter the United States and wait in the US the outcome of the
immigrant visa petition.
These issues are intertwined and not easily susceptible of a cookie-cutter approach. A
skilled immigration attorney will listen carefully, and even elicit details, to understand
the particular needs of the client and advise accordingly as to the best visa strategy to
reach the couple's goal of being reunited in the United States.
Additionally, a good immigration attorney can advise as to collateral issues as the
ability to travel during the pendency of an adjustment of status, whether or not it is
necessary to seek separate employment authorization, and how to reschedule and
adjustment interview in case of an emergency.
We routinely assist clients obtain green cards and other visas based on their
marriage to US citizen, if you are married or plain to marry and need immigration
advice please do not hesitate to contact our office. We will make our best efforts to
make you feel welcome, to listen to your need, and offer candid and accurate
immigration advice as to all your US visa needs.
Law Offices of Giuseppe Scagliarini
| Giuseppe Scagliarini, Esq. 37 Harrison Avenue Newport, RI 02840 Phone: +401-849-1220 Fax +401-633-7055 E-Mail: info@scagliarinilaw.com |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| Law Offices of Giuseppe Scagliarini Immigration Lawyers - Immigration Attorneys - International Business Attorneys Boston, MA - Providence, RI - Newport, RI |