Green Cards through Marriage
Falling in love and deciding to get married is incredibly exciting. But dealing with immigration paperwork and proving that your relationship is real, on the other hand, is less exciting. Let Martine Law help you take the stress out of it and guide you through the application process, step by step.
Trying to sort through the process alone can be very frustrating and overwhelming In contrast, with the help of one of our knowledgeable attorney, you can feel confident that your case will be properly filed, well-documented, and successful.
Green Card through Family
In an effort to preserve family unity, the U.S. permits its citizens to petition for a green card on behalf of certain family members. The process of applying for a green card on this basis can be difficult. If you or a loved one are related to a U.S. citizen and are seeking permanent resident status, contact Martine Law at (612) 208-8076.
The K-1 Visa is for individuals wanting to come to the U.S. to marry a U.S. citizen. Unlike the B-2 visitor visa, which does not allow for the entry of individuals intending to come to the U.S. permanently, the Fiancé(e) (K-1) visa is meant to facilitate the transition between foreign-based significant other and U.S.-based lawful permanent resident.
Removal of Conditions on Residency (I-751)
An immigrant’s “Green Card” has a 2-year expiration date if it was obtained based on a marriage that was less than 2 years old on the day the card was approved.
Immigration law provides that the conditional green card holder must prove that the marriage is bona fide. Therefore, within 90 days prior to the expiration of the conditional card, the couple must jointly submit documents and paperwork to immigration authorities to prove that the marriage is legitimate. The conditions will be lifted and a permanent Green Card will be granted if the holder is still married to the same U.S. citizen or permanent resident after 2 years (children may be included in the application if they received their conditional resident status at the same time or within 90 days).
If a joint removal is not possible, an I-751 may be possible. If this is the case (perhaps there is a divorce, ect.), then U.S. immigration provides for several exceptions to the joint filing requirement, including (1) extreme hardship waiver; (2) abused spouse waiver, and (3) good faith marriage.
Waivers of Inadmissibility
Matters get complicated when a spouse is found to be inadmissible due to various criteria that determine they are not eligible to enter the country (or your spouse is in the country but entered without a visa).
An individual may be refused entry to the United States due to a finding of “inadmissibility”. Under immigration law, an individual can be found inadmissible on the basis of numerous grounds–including criminal, drug-related, security, medical and immigration violation grounds, including:
- Previous Immigration Fraud
- Previous Deportation or Removal from the U.S.
- Previous Visa Overstays
- Drug abuse, addiction and trafficking
- Physical or mentally disabled individuals that may cause harm to themselves or others
- Alien smuggling
- Public Charge
if a person does not fall into one of these categories, often they can get a waiver for a green card or legal status to enter the U.S.
Immigrant Visas at an Embassy (Consular Processing)
If you reside outside of the U.S. or are illegally in the U.S., you will apply for lawful permanent residence at the U.S. Embassy or Consulate in your home country. Once the USCIS approves the visa petition submitted by your employer or family member, the approved petition is forwarded to the Department of State’s National Visa Center (NVC).
Deferred Action for Childhood Arrivals (DACA) Renewal
The inability to work and the constant threat of deportation are things many immigrants deal with on a daily basis. Fortunately, help is available. At Martine Law, we help people address these issues by requesting Deferred Action for Childhood Arrivals, or DACA. This program allows you to obtain a work permit and remain in the United States without risk of deportation for a period of two years.
If you or someone you care about currently has DACA and the expiration date of their approval period is approaching, Martine Law can assist you in getting your deferred action period renewed, provided you meet the qualifications. Call us today at (612) 208-8076
Violence Against Women Act (VAWA)
Domestic violence can have a devastating impact on a person’s life. If you’re trapped in an abusive relationship with a U.S. citizen or green card holder and you are a non-citizen, Martine Law can help.
Contact Martine Law today to find out whether you’re eligible to file a VAWA self-petition or if another avenue of relief might be a better option for you at (612) 208-8076.