To Apply for Permanent Residence by Marriage, Do I Need an Attorney?

Both US citizens and lawful permanent residents can apply to their spouses for a permanent residence card; the Green Card.

Each year, more than 450,000 United States citizens marry foreigners and apply for permanent residency for them. Spouses of U.S. citizens They are considered  “immediate relatives” according to immigration laws, so they are excluded from any numerical quota limitation.

Whereas, residents who apply for a Green Card for their spouses are  assigned a maximum number  of residences per year and as the number of applications is greater than available, there is a delay of approximately 20 to 26 months.

The multiple variables that exist due to the particularity of each legal situation, the advice of an experienced Lawyer who accompanies you throughout the process must be involved to find the resources that can be presented to US entities and to clearly understand the possibilities that they have to obtain it.

There are specific cases that require personalized legal advice, including a visa previously denied, previous illegal stay in the US, certain crimes.

3 general points that influence the decision of the USCIS to obtain permanent residence by marriage

I frequently receive inquiries from people in Colombia, Mexico, El Salvador, Panama, Peru, Spain, Argentina, Venezuela and the United States, regarding the reasons why permanent residence by marriage  in the United States can be denied, I would initially think of 3 General points that influence the decision of USCIS :

  • Couples usually think that entering the United States on a tourist visa and getting married immediately is the best option, but in reality this could be the most frequent way that USCIS considers Law Fraud.
  • When the union lasts less than 2 years, the person receives a Green Card that is not permanent and it will be necessary to lift the conditionality. In the case of filing a divorce before proceeding, obtaining the permanent Green Card would be very difficult.
  • One of the main aspects for obtaining residence in the United States is that the union is real. The Immigration and Citizenship Service carries out an exhaustive investigation and follow-up to guarantee its legitimacy.

In the event that inconveniences arise and there are doubts for the consular or immigration officer about the veracity of your relationship, it is important that you get legal advice to take the correct measures.

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