Securing Permanent Residency And Citizenship For Spouses And Relatives Of U.S. Citizens
When love crosses international boundaries, the immigration process can become complicated. An experienced immigration lawyer can simplify the process and make it easier for U.S. citizens to bring spouses and other loved ones to live in the United States legally.
The law office of Maniatis Law PLLC, in Nashville, helps clients in Tennessee and across the country complete all the steps necessary to obtain marriage visas, fiancé(e) visas and other potential visas. Attorney Matt Maniatis can assist clients in obtaining work authorization, legal status, permanent residency and ultimately U.S. citizenship.
Consular Processing Of Immigrant Visas
If your non-citizen spouse or other family member is currently outside the United States or entered the country without a visa, he or she can apply for permanent residency through a multistep process called “consular processing.” This process includes providing evidence and filing several forms with U.S. Citizenship and Immigration Services and the U.S. Department of State:
- Genuine Relationship: For marriage-based filings, you and your spouse have the burden of proving the marriage was entered into in good faith and not simply to obtain an immigration benefit. This will include more than just proof the marriage is legal. Your attorney can assist you in compiling sufficient “bona fide marriage evidence.” For other family members, sufficient evidence of your relationship such as birth certificates, and potentially DNA test results when other documents are unavailable, must be provided.
- Eligible for permanent residency: Eligible for Permanent Residency: You must also provide evidence that your spouse or other family member is eligible for permanent residency. This includes investigating any criminal convictions which may disqualify an applicant, and also immigration law violations such as arrests at the border by Border Patrol, visa denials, and overstaying past visas. The case will ultimately be reviewed by a consular officer at a U.S. Embassy abroad. Anyone with even a minor criminal record should have their case reviewed by an attorney who can provide a legal brief to ensure the application isn’t denied on these grounds.
- Interview at U.S. Embassy: Once the necessary forms and documents have been filed respectively with U.S. Citizenship and Immigration Services and the U.S. Department of State, the case will be set up for an interview at the appropriate U.S. Embassy abroad. Your attorney can assist you in preparing for the interview, as you will not be allowed to have anyone accompany you. Your attorney will also assist you in setting up the required medical examination, and ensuring all original documents are available for your interview for the fastest possible process.
- Unlawful Presence: If your spouse or other family member entered the United States without permission and has been physically in the country for over one year, then he or she will be barred from receiving any immigration benefit (including permanent residency) for 10 years. The 10-year clock does not start to run until he or she leaves the United States. This means going to the interview at the U.S. Embassy will result in a denial. Fortunately, there is a waiver available for certain applicants who can prove they meet the criteria for forgiveness. For more information, check out our link on the I-601A Provisional Waiver.
If your spouse is in the United States and entered with a visa, read more about your options through Adjustment of Status.
The team at Maniatis Law PLLC follows direction from clients and encourages them to speak openly and honestly about their circumstances and histories to better help them obtain immigration relief.
What Is A Marriage Green Card?
A marriage green card allows the spouse of a U.S. citizen or permanent resident to come to the United States to live and work. To qualify, one spouse must be a U.S. citizen or a permanent resident green card holder, and the marriage must be legally valid in the country where it occurred. You must also show that your marriage is based on a genuine relationship and not entered into for immigration purposes.
How Long After Your Marriage Can You Apply For A Green Card?
There is no legal waiting period between the time of your marriage and when you can start the green card application process. The immigration process can take several months to years, so it is beneficial to file your Form I-130 as soon as you can.
What Is The Difference Between A Fiancé Visa And A Marriage Visa?
A fiancé visa, or K-1 visa, is temporary and gives the couple 90 days to get married after entering the country. The noncitizen must then file a separate adjustment of status application once married to become a permanent resident and remain in the U.S. A marriage visa applies to couples who are already married, and once the applicant enters the U.S. is admitted automatically as a permanent resident, receiving their green card shortly thereafter.
Dedicated To Your Success
The firm’s founding attorney, Matt Maniatis, is dedicated to his clients’ success. He understands immigration laws and procedures and how to navigate the confusing U.S. immigration system. Maniatis Law PLLC will work hard to complete the necessary paperwork accurately and completely, meet filing deadlines, and complete every step as quickly as possible. The attorney and staff at the firm are open and honest, communicate promptly, and keep clients apprised of all important developments in their cases in a timely manner.
Contact Maniatis Law PLLC
The firm’s goal is the same as yours – to bring your loved one to the U.S. so you can live together permanently. For more information, contact Nashville marriage visa lawyer Matt Maniatis using the online form or by calling 615-988-1441.