To get a green card through marriage, you need to undergo a medical exam with a USCIS approved doctor. You can find the doctors using the tool at this website. The doctor will give you a sealed envelope with Form I-693. You should also request an unsealed copy of Form I-693 so that your attorney can review it. The medical exam requires you to have certain vaccinations. You can find the vaccination list at this Read More
Why should you get the medical done before you file your I-485 application and, in most cases, submit it with your I-485 application?
You should get your medical exam completed before you file your green card for two important reasons. First, you–and I as your attorney–want to see if any issues come up with your medical exam. For example, a client recently conducted her medical exam and learned that she was positive for TB (tuberculosis). With that diagnosis, she is not eligible for a green card. She needed to get the necessary treatment–which took Read More
Have you worked in the US without permission?
This won’t be a problem for a spouse of a US citizen UNLESS the person worked without permission and then did NOT disclose that fact when asked about it on an online immigration application, paper submitted application, or in person with an immigration official. A common situation is for a student on an F-visa to babysit while he is in school, and then not disclose that when asked about it on an online immigration Read More
Why do you need to get ALL marriage and divorce certificates?
If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, you need to get some marriage documents in order. First, you’ll need a certified copy of your current marriage certificate. If the certificate is not in English, you’ll need an English translation of the document. You can use an online translation service, or you can use a simple Read More
Are you Canadian and applying for a marriage-based green card? There are special (usually positive) issues for Canadians as related to entering the US.
Canadians are entitled to various benefits when they enter the US. First, the visa requirements are much more lax for Canadians. Most Caan tourists do not even need a visa in their passport to enter. Many Canadians entering the US on certain visas such as the H1B or L can process their visas at the border and may in some situations be able to enter with just an I-797 Notice of Action Approval Notice. Also, Canadians Read More
Are you eligible for a marriage-based green card from within the US, and are you married to more than one person at the same time?
USCIS will only recognize your first marriage as a valid marriage for immigration purposes. With that, you do not need to disclose marriages that take place after a first marriage is still legally valid. However, talk to an experienced immigration attorney if you have engaged in a marriage ceremony while you are legally married because you may be committing a crime in certain US states and in countries outside of the Read More
Are you eligible for a marriage-based green card within the US? What is your marital status—engaged or married?
What is your Marital Status? Are you engaged or married? If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, let’s start with an easy question: Are you married or engaged? If you’re not yet married, you cannot file for a marriage-based green card from within the US. There is a route for fiancé/fiancées of US citizens if the Read More
When can I renew my two-year green card?
You can apply to renew your two-year conditional green card by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days prior to the expiration date on your green card. For example, if your green card expires on 12/31/23, you can file anytime between October 2, 2023 and December 31, 2023. However, wait until about October 4 to file—so that it’s not early, but don’t wait until December 31, 2023 to Read More
How to get out of an abusive marriage AND keep your green card
You do not have to stay in an abusive marriage to protect your green card. US law wants you to leave your US citizen spouse’s abuse, and the US will allow you to keep your green card if you are abused by your US citizen spouse (or LPR spouse). If you are abused by your US citizen spouse, you can apply to renew your green card at any time. This is different from a joint renewal that must be submitted in the 90 days Read More
How do I renew my two year green card if my spouse died?
If you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, Read More
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