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An alien present in the United States may, under some circumstances, adjust his or her status and become a Permanent
Resident without leaving and reentering the United States. One of these situations is when the alien marries a United States
citizen.
The process for adjusting the status of an alien lawfully present in the United States who marries a United States
citizen requires us to submit proof of several crucial factors. We must prove that the alien entered the United States "with
inspection", meaning with a valid visa or visa waiver. We must prove the identity of each party, and we must prove that
the person marrying the alien is in fact a United States citizen either through birth or naturalization. We must prove that
the alien and the citizen are legally married. This includes proving that any prior marriages entered into by either of
the partys were dissolved at the time of the present marriage, in addition to proving that the present marriage has occurred.
Even though in this scenario the intending alien is present in the United States and does not require to leaving
the United States in order to adjust his or her status, the United States Citizenship and Immigration Service (USCIS) in some
ways looks at this process as if the alien were outside the United States. For this reason, in addition to filing the appropriate
petitions to obtain Permanent Resident status, we must also file for a spousal visa.
One of the requirements for a spousal visa is that the intending immigrant have sufficient financial resources
to meet his or her needs while in the United States and unable to lawfully work. In order to satisfy this requirement we
need to submit at least one Affidavit of Support, in addition to tax returns and other financial documents proving that the
sponsor, in this case the spouse, has sufficient income to support the alien.
If the sponsor does not have sufficient income to support the alien, the sponsor may ask another United States
citizen or Permanent Resident to agree to provide financial support for the alien if needed.
In addition, we must establish that the intending alien does not suffer from any health-related concerns that would bar
him or her from entering the United States. Specifically, we need to submit a medical examination form completed and signed
by a doctor specifically designated by USCIS as a designated civil surgeon.
If the intending alien wishes to work while the Permanent Residence application is pending, he or she may apply for
temporary Employment Authorization at the same time as he or she applies for the Green Card.
The attending alien will be required to travel to closest USCIS District Office in order to have his or her photographs
and fingerprints taken. For residents of eastern Pennsylvania, the office is in Philadelphia. This process is called "biometrics"
and is a fairly routine process. As with all USCIS appointments, it is very important that the alien be available for this
appointment when it is scheduled. It is possible to reschedule appointments in the events of emergency, but doing so tends
to add a substantial amount of waiting time to the process, and invites higher possibility of a mistake on the part of USCIS.
The final step before Permanent Resident status is granted is an interview of the applicant and beneficiary, conducted
by USCIS staff at the closest USCIS District Office. For residents of eastern Pennsylvania, the office is in Philadelphia.
The purpose of this interview is to determine to the satisfaction of the USCIS officer, that the marriage is genuine and was
not entered into for immigration purposes. Typically, the immigration officer will interview both parties together, and will
speak to each party individually with the other party out of the room. The immigration officer will ask each party questions
about the other. The questions are intended to establish whether or not the parties are sufficiently acquainted and whether
or not their marriage is real.
You do not need to have an attorney present at this interview. Remember that this is an interview, not a hearing
or legal proceeding. At this interview, an attorney cannot answer questions on your behalf, submit evidence to support your
position, object to any questions asked by the interviewer, or present any argument on your behalf.
The USCIS officer does not want to speak to your attorney - they want to speak to you. It is my understanding
that some attorneys make it their practice to attend these interviews with their clients. I do not believe it helps my client
to attend this interview, and there for I prefer to save my clients some money by not attending. I am glad to answer any
questions that you have and /or assist you in preparing for the interview. If you insist that I attend, I will do so, but
I do not believe it is a necessary expense for you to incur. I have never attended one of these interviews with my clients,
and I have never had an application denied based upon the interview.
Once the interview is over, your petition should be approved and the Permanent Resident card (Green Card) should be mailed
to you. In most cases, the first Green Card issued wil hhave an expiration date approximately two years fro the date of issue.
This is because the first Green Card issued on the basis of marriage is condition – the holder is a Conditional
Permanent Resident, with his or her status conditioned on the marriage.
Before the Green Card expires, the holder must apply to have the conditions removed. This is very important,
as failing to do so may subject the Green Card holder to removal proceedings. Once the conditions are removed, the holders
status will not expire, even though the card itself must be renewed every ten years.
With a Green Card, the alien has permission to live and work in the United States indefinitely and with very few
restrictions. Any Green Card holder should be careful about extended absences from the United States, as an extended absence
may lead the USCIS to conclude that the holder has abandoned his or her Permanent Resident status. This may prevent the
Green Card holder from re-entering the United States. In addition, certain crimes and other activities may lead the United
States government to take action to strip the alien of their Permanent Resident status and remove them to their home country.
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